1
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 R.W.E.WH«TeHEAD,
 
 R. W. E. WHITEHEAD, 
 
 THE 
 
 MEDICAL PRACTITIONERS' 
 
 LEGAL GUIDE; 
 
 OR, 
 
 THE LAWS RELATING TO THE MEDICAL PROFESSION. 
 
 BY 
 
 HUGH WEIGHTMAN, Esq., M.A. Cantab. 
 
 BARRISTER-AT-LAW OF THE INNER TEMPLE, AND OP THB 
 OXFORD CIRCUIT. 
 
 HENRY RENSHAW, 
 356, STKAND, LONDON. 
 
 1870.
 
 LONDON : 
 
 SAVILL, EDWARDS AND CO., PRINTERS, CHANDOS STREET, 
 
 COVENT GARDEN. 

 
 
 PREFACE. 
 
 It is now forty years since the publication of Mr. Willcock's 
 treatise on " The Laws relating to the Medical Profession," and 
 although that work is still considered a high authority on questions 
 as to which the law has effected no subsequent alteration, it is 
 obvious that time alone must have rendered it as a book of reference 
 practically obsolete. But it is not time only that has thus impaired its 
 value, and as a cousetjf&ence its usefulness. Modern legislation has 
 completely revolutionized the whole system upon which qualifications 
 for the medical profession were based, or rather it has reduced into 
 a system that which, until a very recent date, was but a confused 
 body of chaotic matter. • 
 
 The firit idea that naturally occurred to the author was the pro- 
 duction of a new edition of the original work ; but, at a glance, it 
 was evident, that such a mode of treating the subject was simply 
 impossible. A very large portion of Mr. Willcock's treatise is 
 occupied with matter which is no otherwise identical with the 
 cognate subjects of the present day than in name. Cases, rules, 
 and above all statutes, which were not in existence at the time 
 when Mr. Willcock's work was published, to say nothing of 
 the since exploded highly penal jurisdiction of the College of 
 Physicians, have entirely changed the whole aspect of the pro- 
 fession both inter se, as- well as inter alios. The intention there- 
 fore of publishing a new edition of that book was speedily aban- 
 doned; the author felt that it was impossible to do justice to the 
 subject except by attempting an entirely new work. At the same 
 time, it is only right for him to state that some of the abstract ideas 
 contained in Mr. Willcock's treatise have afforded him much assis- 
 tance, and from the same source much valuable information has 
 been obtained and is hereby duly acknowledged. But the Medical 
 
 V^/^^S'
 
 IV PKEFACE. 
 
 Acts, the Lunacy Acts, the Sanitary Acts, the Copyright Acts, the 
 Contagious and Infectious Diseases Acts, the Vaccination Acts, 
 the Poor Law Acts, and even the Will Act, which have been 
 passed since the date of the publication of Mr. Willcock's work, 
 have precluded the author from availing himself of any practical 
 materials, for his present purpose from that treatise, as, in point of 
 fact, though a work of great merit at the time, it has been entirely 
 submerged by the flood of subsequent legislation. 
 
 That the subject of the laws relating to, and regulating the 
 medical profession, is one of sufficient importance to justify a 
 treatise, there cannot be a doubt. The rights, the liabilities, the 
 duties, privileges, and immunities, the legal, as well as moral 
 responsibility involved in connexion with the pursuit of the pro- 
 fession, in all and any of its branches, are based, as indeed they 
 ever have been, upon principles which modern legislation has en- 
 deavoured to define for the public weal, and not as is sometimes 
 alleged upon mere abstract, arbitrary rules,^he ofl"3pring of super- 
 stition, intolerance, and ignorance. An endeavour has been accord- 
 ingly made to obtain for this work at least a character for consis- 
 tency, by keeping general principles in view, and that without 
 trenching on the domain of medical science, or affecting a know- 
 ledge to which the author makes no pretensions, his sole aim and 
 object being to furnish the medical practitioner, no matter what his 
 grade, or in what department of the noble art he may practise, 
 a ready means of ascertaining and asserting his own status, and of 
 accurately apprehending his rights, privileges, duties, liabilities, and 
 responsibilities, as recognised, defined, protected, and jealously 
 guarded by the laws of the land. 
 
 It is hoped that such a work may be also found useful to mem- 
 bers of the legal profession, when applied to for advice in difficul- 
 ties arising out of medical practice, or incidentally resulting from 
 such professional avocations. 
 
 Coroners, clerks to magistrates, to boards of guardians, or those 
 whose duty it is to administer the laws relating to lunacy or 
 the public health, medical officers generally, and even higher func- 
 tionaries, it is believed will find in this publication that information 
 ready at hand which it is not at all times easy to condense, and 
 which, through a difficulty in acquiring the materials alone, cannot 
 always be obtained when required.
 
 PREFACE. V 
 
 The book is now presented to the medical profession as con- 
 taining the law on the subject of which it treats, as it exists at the 
 present time, and though not primarily intended for the higher 
 branch of the legal profession, a hope is entertained that even in 
 that sphere it may not be found wholly valueless, and may meet 
 with a favourable reception. 
 
 The author would not think it necessary to refer to either the 
 novelty or the difficulty of the task involved in the preparation of 
 the work, were it not that he desires to acknowledge the original 
 idea as most kindly emanating from Dr. Druitt, one of the officers 
 of health of the parish of St. George, Hanover Square, to whom he 
 is also indebted for some very valuable suggestions ; and he also is 
 anxious to record that the chapters on " Medical Ethics," and 
 " Joint Medical Education," have been carefully revised by an 
 eminent member of the medical profession, to whom he takes this 
 opportunity of returning his heartfelt thanks ; Mr. Clarke, M.E.C.S., 
 of 23, Gerrard Street, Soho, must also be included in the number 
 of those medical friends to whom the author's thanks are due. 
 
 In the event of any further legislation aifecting the medical 
 profession during the present Session of Parliament, such will be 
 published by way of a supplement, and may be obtained gratis by 
 all previous purchasers of the present work, upon application to the 
 publisher. 
 
 Hugh Weightman. 
 
 5, King's Bench Walk, Temple. 
 May, 1870.
 
 CONTENTS OF THE WORK. 
 
 Intboduction. 
 Chap. I. Ancienx Orders of tue Medical Profession. 
 „ II. Modern Orders of the Medical Profession ; or those 
 
 ENTITLED TO BE REGISTERED UNDER THE MeDICAL AcT (1S58). 
 
 „ III. Rights, Privileges, and Immunities of duly registered 
 Medical Praciitioners. 
 
 Summary of the different Qualifications entitling their 
 Possessors to recover at Law their Fees according to 
 their respective Qualifications. 
 
 General Observations. 
 
 „ IV. Of the Liabilities of legally qualified Medical Practi- 
 tioners, and tue Disabilities of unregistered Practi- 
 tioners. Also the Malpractice of both qualified and 
 
 unqualified Persons. 
 
 V. Character — Defamation. 
 
 , VI. Law of Copyright, especially as applied to Writings and 
 Lectures of Medical Men. 
 
 , VII. Schools of Anatomy. 
 
 , VIII. Law of Partnership as affecting the Medical Profession. 
 
 , IX, The Law of Life Assurance as affecting the Medical 
 Profession. 
 
 , X. The Public Health (Common and Statdte Law.) 
 Contagious and Infectious Diseases. "Vaccination. 
 6
 
 VIU CONTENTS OF THE WORK. 
 
 Chap. XL The Law relating to Idiots, Lunatics, ok Peksoxs of Un- 
 sound Mind and Incapable of Managing theib own 
 Affaies, as also the Nature and Degree of Insanity 
 which will relieve a Person from the Penal Conse- 
 quences OF Crime. 
 
 „ XII. Coroners* Inquests. 
 
 ,, XIII. Registration of Births, Deaths, and Marriages. 
 
 „ XIV. Poor Law Legislation as affecting Medical Practitioners. 
 Pauper Lunatics, including Criminals and Prisoneks for 
 Debt. 
 
 „ XV. Chemists, Druggists, and Dentists. 
 
 „ XVI. Medical Ethics, and Medical Education. 
 
 Supplementary Chapter. — On Title of Doctor of Medicine, ob 
 Doctor of Physic. 
 
 Appendix.
 
 TABLE OF CONTENTS. 
 
 CHAPTER I. 
 
 Ancient Orders of the Medical Profession — The Antiquity of the Art of healing — 
 Hippocrates — his voluminous Writings — his personal Character — and his 
 Pharmacopceia — Galen — his Writings — the Basis for Compilers of Medical 
 Works — Translated into ^\j-abic — these Works introduced into England at the 
 Time of the Christian Mission under Pope Gregory the Great — The Monks and 
 secular Clergy at first the only regular Medical Practitioners — Interference with 
 the Medical Practice of the Monks by the Oecree of the Council of Tours (a.d. 
 1163)— Clerical Medical Men— The Kev. W. Clark, M.D.. F.RS., F.R.C.P., 
 Professor of Anatomy at University of Cambridge — 'J'liree Regular and many 
 Irregular Orders of the Medical Profession— Celebrated llegulations of the Col- 
 lege of Salerno — First attempted Interference with Women practising Physic — 
 The Act, the Foundation of all Statute Law regulating the Practice of Physic 
 - — Establishment of the College of Physicians, London — The Knights Hospi- 
 tallers, and the Order of St. Lazarus — The Barbers' Company — Barber- surgeons 
 — Apothecaries or Grocers — Empirics — Jews — Female Medical Practitioners — 
 Touching for the King's Evil pp. 1 — 14 
 
 CHAPTER II. 
 
 Modern Orders of the Medical Profession ; or those entitled to be Eegistered under 
 the Medical Act (1858) — Royal College of Physicians, London — History of the 
 College — Eligibility for its Fellowships — The College of Physicians, Edinburgh 
 — King and Queen's College of Physicians, Irehind — College of Surgeons of 
 England — College of Surgeons of Edinburgh — The Faculty of Physicians and 
 Surgeons of Glasgow — The College of Surgeons, Ireland — Society of Apothe- 
 caries, London — Apothecaries' Hall, Dublin — Universities — Doctor by Doctorate 
 — Doctors of Foreign and Colonial Universities or Colleges — Person practising 
 Medicine before August, 1815 pp. 15 — 28 
 
 CHAPTER III. 
 
 Rights, Privileges, and Immunities of duly- registered Medical Practitioners — Right 
 such to recover their Fees, and what Fees, whether in Medicine, Surgery, 
 Pharmacy, or Midwifery — Summary of the above — General Observations 
 
 pp. 29-35
 
 TABLE OF CONTENTS. 
 
 CHAPTER IV. 
 
 Sectioh I. — Of the Liabilities of legally qualified Medical Practitioners, and 
 the Disabilities of unregistered Practitioners — Unregistered Persons not entitled 
 to the Expenses of Medical Witnesses, nor to make post-mortem Examinations — 
 Appeal from a Conviction for assuming the Title of Doctor of Medicine 
 
 pp. 36—37 
 
 Section II. — Malapraxis — Negligence — Civil Liability of Medical Practitioner not 
 terminated with the Death of the Patient — Doctrine of legal Malice — Ignorance 
 — Competent Skill — Culpable Want of Skill — Improper Use of the Vedis or Lever 
 — A Person negligently supplying a wrong Drug, in consequence of which Death 
 ensues, he is thereby guilty of Manslaugiiter pp. 37 — 42 
 
 CHAPTER V. 
 
 Character — Defamation — Maliciously imputing to a Medical Practitioner a want of 
 Qualification, Attention, Skill, or Capacit}' — Distinction between Slander and 
 Libel — For Libel two Remedies are given— Maliceexpressed and implied— Falsity 
 of the Imputation — Consequence of the Slander — Cases in which no special 
 Damage need be proved, and why — By what other Means than by Writing a 
 Libel may be expressed — Motives under which a public Officer acts in doing a 
 Duty incumbent upon him do not make his Conduct Actionable — Challenging 
 public Criticism by Advertisements — Privileged Occasion — Publication, what 
 amounts to — Justification in a Civil Action and in a Criminal Proceeding — 
 Repeating a Libel to another — Selling Copies — Privileged Communications-^— 
 Trials for Libel or Slander in the County Courts ...... pp. 43 — 52 
 
 CHAPTER VI. 
 
 Law of Copyright as applicable to the Writings and Lectures of Medical Men — 
 Copyright before Publication — The Right of an Author or Proprietor of a Manu- 
 script to its first Publication — Power of the Court of Chancery to restrain the 
 Publication of Medical Lectures delivered orally — Right to restrain the Publi- 
 cation not only of Etchings and Photographs, but also of a descriptive Catalogue 
 of them — No Copyright before Publication allowed in a Work of an immoral or 
 irreligious Character — Copyright after Publication — How far it is now ex tended — 
 Lectures delivered in any University, Public School, and some other Places are 
 • not protected — What amounts to an Infringement of Copyright — International 
 Copyright, and the Acts and Conventions relating thereto — The different Coun- 
 tries with which International Copyright has been arranged — Copyright in a 
 foreign Print, and our own Engraving Acts — Copyright in the Pharmaco- 
 poeia pp. 53—62 
 
 CHAPTER VII. 
 
 Sciiools of Anatomy — The Act regulating them — What led to this Enactment — 
 Burke and Hare — Stealing J^hrouds from a dead Body — Resurrectionists — 
 Disinterring a Body an indictable Offence — Selling the dead Body of a Felon 
 for the Purpose of Dissection, where Dissection formed no Part of the Sen- 
 tence, a Misdemeanour at Common Law — Penalties under the Anatomy Act — 
 Actions of Trespass for violating Graves or Burial Grounds, maintainable by 
 whom . pp. 63 — 67
 
 TABLE OF CONTENTS. 
 
 CHAPTER VITI. 
 
 Law of Partnership as affecting the Medical Profession — What Agreement amounts 
 to a Piiitnersliip — Between an outgoing and incoming Surgeon — A common 
 Stock or Plant not essential to constitute a Partnersliip — One Partner finding 
 Property and another Skill — One Partner indemnifying others against Loss — 
 Partners in fafnro, as between Master and Pupil, or Principal and Assistant — 
 Partnerships between qualified and unqualified Medical Practitioners — Appeal 
 from a summary Conviction under the J'en:d Clause of the Medical Act, the 
 Appellant's Name not being found in the Medical Register coupled with other Cir- 
 cumstances — Autliorily of each Partner to hire or discharge Servants, Clerks, or 
 Assistants, engaged in the Business — What (Jlass of Servants are entitled to 
 more than a Month's \Varning,ora Month's Wages— Yearly Hirings when deter- 
 mined — A Master has no Right to dismiss an Apprentice merely because he mis- 
 behaves, except real Danger was by his Misconduct occasioned to his Master's 
 Business — How far Clerks, Assistants, &c. remunerated by a percentage on 
 their Earnings are to be reganled as Partners — A Partnership though not 
 inter sc, yet may exist quoad third Persons — A Master justified in dismissing a 
 Clerk or an Assistant for claiming to be a Partner— Partnership Contract need 
 not be in Writing — A quasi Partnership — In some Cases, under the Statute of 
 Frauds, Agreement /rtUii be in Writing pp. 68 — 77 
 
 CHAPTER IX. 
 
 The Law of Life Assurance as affecting the Medical Profession — Medical Refe- 
 rees — The most perfect bona fides must be observed — Wilfully false Statements 
 made by the Medical Keferee, or any Collusion with the Proposer, although 
 the Referee may have no Interest in the Contract, render him liable to an 
 Action — Claim of Medical Referees against Insurance OflBce for a Fee for their 
 Certificates — Cases decided. on the Subject — The ordinary Medical Adviser — 
 The Meaning of the Term "usual ISIedical Attendant" — Need the "usual 
 Medical Attendant " be a regular qualified Practitioner ? — What constitutes 
 moral Fraud and legal Fraud- -What amounts to a wilful Suppression of the 
 Fact of other Offices having been applied to and refused the Life — W'hat Evidence 
 of the " usual Medical Attendant " will be sufficient to rebut the Imputation of 
 Fraud in not having disclosed that the Deceased was of a Consumptive 
 Family pp. 78—81 
 
 CHAPTER X. 
 
 Section I. — The Public Health (Common and Statute Law) — Contagious and 
 Infectious Diseases — The ancient Writ of '' I)e leproso amovendo" — The ex- 
 posing a Child infected with Small-jiox in a Public Way a Misdemeanour at 
 Common Law — The I'Ligue — Inoculating for the Sinall-pox — The "Nuisance 
 Removal Acts" and the "Diseases Prevention Acts" — "Sanitary Acts." 
 " Workshops Regulation Act," and " Factory Acts" epitomized and ex- 
 plained pp. 82 — 88 
 
 Section II. — The "Contagious Diseases Acts" abstracted and epitomized 
 
 pp. 88—90 
 
 Section III. — The "Vaccination Acta" — Effect and Operation — Appeals from 
 Summary Convictions under them pp. 90 — S'2
 
 Ml TABLE OF CONTENTS. 
 
 CHAPTER XL 
 
 The Law relating to Idiots, Lunatics, or Persons of Unsound Mind, and incapable 
 of managing their own Affiiirs ; as also the Nature and Degree of Insanity 
 which will relieve a Person from the Penal Consequences of Ctime — Medical 
 Certificates generally — Townley's Case — Provisions of Lunacy Acts — Form of 
 Medical Certificate in the Case of Private Persons (not Paupers) — Evidence of 
 Medical Witnesses in open Court — The Nature of Insanity recognised by 
 Law — McNaugiiten's Case — Answers of the Judges to the House of Lords — 
 Feigned Insanity— Juries in Criminal Cases— Civil Cases — Certificate of 
 Medical Man, accompanied by Affidavit, for the Issue of a Commission " De 
 lunatico inquirendo," or for furnishing Information to the Lord Chancellor — 
 Meaning of the Term "Unsound Mind" — Case of VV. F. Windham — Legal 
 Definition of the Word "Lunatic" — Habitual Drunkenness — Medical Men wit- 
 nessing or drawing-up the Wills of Patients — A Will made by Lunatic during 
 a Lucid Interval — Fraud and Imposition upon Weakness of Mind — Will in 
 favour of a Medical Attendant in whose House the Testator resided — Judgment 
 of Sir W. Wynn as to the Effect of an Inquisition of Lunacy — Nature of Wills 
 — Memorandum of Form of Attestation — A Person not Insane may yet be 
 incompetent to make a Will — Devise, Legacy, or beneficial Interest given by a 
 Will to the attesting Witness of it, or to the Wife or Husband of such Witness 
 — Further Consideration of the Lunacy Statutes — Liability of a Medical Man 
 at the Suit of a Private Person confined un<ler his Certificate — The Prosecution 
 of Medical Men for signing Certificates without examining the Patient — Com- 
 mon Law Right of a Medical Man to restrain a dangerous Lunatic — Death of 
 Patients in Asylums — What Statements must be drawn-up and signed by the 
 Medical Attendant, and to whom sent — Cases cited on the Subject of 
 Restraint pp. 93—113 
 
 CHAPTER XII. 
 
 Coroners' Inquests — The Office of Coroner— Its Antiquity and Dignity— Qualifi- 
 cation — Qualities which, according to Sir E. Coke, a Coroner sliould possess — 
 " Medical Witnesses Act" and " Sanitary Act (1866)" — Duty of Coroner to pay 
 the Medical Fees immediately after the Inquest — Penalties imposed upon 
 Medical Practitioners for disobeying Coroner's Order for their Attendance — 
 Importance of the Evidence of Medical Witnesses — Cases illustrative of it— 
 The Cause of Death the Subject of the Inquest — Concealment of Birth only has 
 no Connexion with the Cause of Death — In such Case the Coroner has no Juris- 
 diction — Death by Poison — By Prussic acid— By Strychnia— By Arsenic — 
 Circumstantial Evidence not reliable— Doubtful Cases— M. Raspail, the French 
 Savant — Great Caution required in Medical Witnesses — Medical Witness has 
 no Privilege, but is bound to reveal all Matters disclosed to him by his Patient 
 — Office of Coroner not determinable by the Demise of the Crown — Chosen for 
 Life, but may be removed by the Lord Chancellor for Inability or Mis- 
 behaviour—Aldermen and Councillors Disqualified for the Appointment of 
 Borough Coroner pp. 114 — 125 
 
 CHAPTER XIII. 
 
 Registration of Births, Deaths, and Marriages — Registrars not necessarily Medical 
 Practitioners— In the Case of a Death, the Persons upon whom the Duty 
 devolves of giving the requisite Information to Registrars — In Case of In- 
 quests the Coroner shall infoim Registrar of the Finding of the Jury as to the 
 rJau«e of Death — Suggestions as to the Duties of Officers of Public Institutions, 
 and especially Medical Officers pp. 126 — 129
 
 TABLE OF CONTENTS. Xlll 
 
 CHAPTER XIV. 
 
 Poor Law Legislation as affecting Medical Practitioners. 
 
 Section I. — Paupers in Workhouses or Poor Law Districts — Medical Officers of 
 such Districts or Workhouses cannot, as a Matter of liiglit, claim the Appoint- 
 ment of Public Vaccinators — Salary of Medical Officers for a Pour Law Dis- 
 trict or Workhouse is based upon a diffeient Contract from that of a Public 
 Vaccinator — Remedies for the Recovery of such Salaries respectively — -Up to 
 what Date is the Salary payable — In Case of Suspension by Board of Guardians, 
 and final Dismissal by Poor Law Board —Penal Liability of Medical Officers 
 rendering Relief or Assistance to Facilitate the Conveyance of a Poor Person 
 out of one Parish with the Intent to burden another I'arish with the Charge- 
 ability of such Person, and in Consequence of whicii sucli Person does actually 
 become so chargeable — Case cited — Vaccination by Public Vaccinator not to 
 be considered Parocliial Relief pp. 130 — 132 
 
 Section II.— Pauper Lunatics, including Criminals and Prisoners for Debt — 
 iledical Certificate of Medical Practitioner as distinguished from that of the 
 Medical Officer — Amendment of incorrect Certificate within what Time, and 
 with what Sanction — Pauper Lunatics not in an Asylum, &c. to be personally 
 visited every Quarter by the Medical Officer — his Report — Object of such Visi- 
 tation — Special Remuneration to the Medical Officer in such Cases — Pauper 
 Lunatics wandering Abroad away from Control, how to be dealt with — Duties 
 of Medical Officer in advising Leave of Absence of any Patient, and in the 
 Case of the Death of a Pauper Lunatic — Notice and Statement of the Death 
 and other Particulars signed by Medical Officer, and transmitted to whom — 
 Legal Proceedings for furnishing a defective Certificate — Action for Assault 
 and False Imprisonment brought by an alleged Lunatic against a Medical 
 Officer, among others, for confining him as a dangerous Lunatic and in a State 
 of Destitution — Vagrant Acts relating to the Detention of dangerous Luna- 
 tics- -The Formation of the present System of providing Public Lunatic 
 Asylums at the Public Expense, wuen such a System was first made compul- 
 sory upim Counties and Boroughs, and under what Provisions — Letter of 
 Commissioners of Lunacy to the Lord Chancellor as to the Authority of 
 preliminary Orders and Certificates, whether a Person of unsound Mind be 
 pronounced dangerous or not — The finding of a Jury in no Case essential 
 to justify the Confinement of such Person— Power of restraining at Common 
 Law — Power under the Lunacy Act — Acts relating to Prisoners in Convict 
 Prisons becoming Insane, and to Criminal Lunatics — -Visits of two or more 
 Commissioners in Lunacy, one of whom sliall be a Physician or Surgeon, to 
 Asylums for Criminal Lunatics, and their Report to Secretary of State — ■ 
 Statement to be filled up and transmitted to the Medical Superintendent with 
 every Criminal Lunatic — Acts relating to Prisoners for Debt becoming 
 Insane — Form of Medical Certificate in such Cases — Act passed in Consequence 
 of the Proceedings in the Townley Case, in the Case of a Prisoner under Sen- 
 tence of Death, where there is reason to believe that he is Insane — Form of 
 Certificate — Act relating to Prisoners in the Navy who shall become 
 Insane pp. 133—142 
 
 CHAPTER XV. 
 
 Section I. — Chemists and Druggists — The Pharmacy Acts— Pharmaceutical 
 Chemists, Assistants, Apprentices, and Students — E.\amination — Definition of 
 Chemists and Druggists under the Amended Act (IStJS) — Qualifications for 
 Registration— Penalty for contravening the Provisions of the Act — Not to 
 affect any registered legally qualified iledical Practitioner — No Member of 
 the Medical Profession is to be registered under this Act — Registration under
 
 XIV TABLE OF CONTENTS. 
 
 Chapter XV. — continued. 
 
 Pharmacy Acts not to entitle any one to practise Medicine or Surgery — Poisons 
 and the Phannacoposia — Restrictions on the Sale of Poisons — Penalty for any 
 Infringement — Exceptions both as to Articles and Persona — The making or 
 dealing in Patent Medicines — Medical Council authorized to publish a Book, to 
 be called " British Pharmacopoeia," as often as they deem necessary — " General 
 Council of Medical Education and Registration of the United Kingdom " 
 created a Body Corporate, with the exclusive Right of publishing, printing, and 
 selling such Pharmacopoeia pp. 143 — 146 
 
 Section II. — Dentists — Persons desirous of being examined may be so examined 
 by the College of Surgeons of England for the Purpose of testing their Fitness to 
 practise as Dentists, and may be granted Certificates accordingly . . p. 146 
 
 CHAPTER XVI. 
 
 Medical Ethics — Conventional Rules — Revised Rules of Professional Conduct, 
 whether in Hospital. Private, or General Practice — Difference between the 
 Position of the Medical Man in Private and in Public Practice — Difficult Position, 
 especially of the latter — Conjoint Medical Examination Board for each of the 
 three Divisions of the United Kingdom — One uniform Qualification for Practice 
 — Arguments pro and con. — Is it desirable to abolish all Distinctions in the 
 Departments of Medical and Surgical Science ? pp.147 — 152 
 
 SUPPLEMENTAUY CHAPTER TO THE BODY OF THE WORK. 
 
 Dissertation on the Title of Doctor of Medicine, or Doctor of Physic — Draft of an 
 Act of Parliament of 9 Henry V. — Case of Dr. Bonham (6 Jac. I.) — Remarks of 
 Lord Chief Justice Coke on the relative Positions of the " Doctors of Physic of 
 the College in London " and the " Doctors of the Universities" — "Medicus," a 
 more ancient Designation than that of either Doctor or Bachelor of Medicine 
 
 pp. 153—155 
 
 Appendix pp. 156 — 416
 
 TABLE OF CASES CITED BY NAME. 
 
 PAGE 
 
 Abernethy v. Hutchinson . 53, 57, 58 
 Adtlisoti V. The Mayor of Preston .' 131 
 
 Allen V. Worthy 92 
 
 Allison V. Ilaydon . . . .23, 30, 34 
 
 Alphonso, Dr 22 
 
 Amor r. Fe;iron 75 
 
 Anderdon v. Burrows, M.D. . .112 
 Apothecaries' Company v. Latinga 34 
 
 Archer, Dr 19 
 
 lie Ashniore 106 
 
 Attorney- General v. College of Phy- 
 sicians 16, 29 
 
 Attorney-General v. Pearson . .134 
 Austeo r. Colpepper .... 46, 47 
 
 Aveneys v. Mudie 61 
 
 Ayre v. Craven 47 
 
 Barry v. Batlin 104 
 
 Bannatyne v. Baunatyiie . . .104 
 Battersby v. Lawrence .... 34 
 
 Beaver v. Hickes 42 
 
 Beverley's case 104 
 
 Blogg V. Pinkers 30 
 
 Bohn V. Bogue 59 
 
 Bondw. Pittard 106 
 
 Bonham's case, Dr. . . . 21, 153 
 
 Jte Bosanquet 106 
 
 Branwell v. Haicomb 59 
 
 Bromage v. Piosser 50 
 
 Brown v. Kennedy 45 
 
 Brown v. Smith 44 
 
 Browning v. Budd 104 
 
 Cartwright r. Cartwright . . .104 
 
 Cassell V. Stiff 60, 61 
 
 Cazenove v. British Equitable 
 Assurance Company .... 80 
 
 Chandelor v. Lopus 79 
 
 Ex parte Chuck 69 
 
 Re Clark 72 
 
 Clay V. Roberts 47 
 
 Cockcroft V. Rawles 104 
 
 Collins r. Carnegie . . . . 16,45 
 College of Physicians V. Rose . . 25 
 In re John Parsons C'ook . . . 122 
 Cooke V. C'holinondeley .... 104 
 Courtenay v. Wagstaff .... 70 
 Cox V. Midland Counties Railway 
 Company 30 
 
 Creagh v. Blood 105 
 
 Cuckson V. Stones 75 
 
 lie Davies 107 
 
 Davis V. Curtis 105 
 
 Dawkins v. Paulet 47 
 
 Day ley v. Roberts 47 
 
 Dees V. London, Brighton, and 
 
 South Coast Railway Company . 31 
 De la Rosa v. Pietro .... 30 
 
 Dixon V. Smith 51 
 
 Dry 1'. Boswell 68 
 
 Du Bost V. Beresford .... 46 
 Duckworth v. Johnson .... 39 
 
 Duffit V. James 31 
 
 Duplex V. Economic Life Office . 80 
 
 Appendix, 158 
 
 D^'ce-Sombre ?\ Troup . . . .105 
 
 Edmondson v. Davis 73 
 
 Elliott v. Sample .... 134,135 
 
 Ellis V. Kelly 37 
 
 Everett v. Desborough . . . 81 
 
 Filcher v. Stafford 92 
 
 Filleal v. Armstrong 76 
 
 Flower's case 46 
 
 Folkes V. Chad 08 
 
 Forrester v. Waller 54 
 
 Foulds V. Jackson 106 
 
 Fremont v. Couplaiid .... 69 
 
 Gale V. Leckie 70 
 
 Gardiner r. Childs 70 
 
 Gaze V. Gaze 106 
 
 Geddes v. Wallace 70 
 
 General Provincial Life Assurance 
 
 Company, e.fj)ar/c Daintree . . 81 
 Gibbon v. Budd ...... 29 
 
 Gdpin V. Elderby 69 
 
 Gore V. Sir Geo. Grey and others 137 
 
 Gray v. Russell 59 
 
 Greenham r. Gray 68 
 
 Greenholt, Dr 22, 38 
 
 Haffield V. Mackenzie 30 
 
 Hail V. Semple 110 
 
 Hall V. Warren 104 
 
 Hanley r. Hewson 31 
 
 Harrington v. Churchward ... 69 
 
 Jn re Harrison 15, 34 
 
 In re Haynes 66
 
 XVI 
 
 TABLE OF CASES CITED BY NAME. 
 
 Hesketh v. Blanchard 75 
 
 Hill f. Featherstouhaugh . ... 31 
 HoDper V. Economic Life Office . 79 
 
 Hopiiiuson V. Smith 72 
 
 Huckman v. Fernie 80 
 
 Hunter v. Sharpe 48 
 
 Hutton V. the Waterloo Life A.C. 80 
 
 Iti re Jackson 72 
 
 James v. Moody 104 
 
 Jefferies v. Duncombe .... 46 
 
 Keigwin v. Keigwin 106 
 
 Kemble v. Church 104 
 
 Kenner t). McMullen 31 
 
 Keyse r. Burge 68 
 
 Lawrence v. Smith 55 
 
 Letch's case, Dr 20, 22 
 
 London and South Eastern Railway 
 
 Company 39 
 
 Lovegrove v. Nelson 69 
 
 McPlierson V. Daniels 50 
 
 Maitland-y. Goldney 44 
 
 Major V. Knight 104 
 
 Medical Officer of Tadcaster Union 182 
 
 Metzner v. Bolton 73 
 
 Miliars. Taylor 53, 55 
 
 Moor r. King 105 
 
 Morgans. Hallen 31 
 
 Morrison v. Musprat 80 
 
 Mortimer v. Prowett 73 
 
 Mountain v. Bennett 104 
 
 Murray v. Bogue 58 
 
 /« re Palmer 72 
 
 Parker v. Ibbetson 73 
 
 Parker v. Parker 107 
 
 Pasley v. Freeman 79 
 
 Peacock v. Peacock 74 
 
 Pedgrift v. Barrington Chevalier . 71 
 
 Philbrick v. Wlietham .... 79 
 
 Appendix, 156 
 
 In re Pliilpot 106 
 
 Prince Alberts. Strange . . 54, 55 
 
 Proud V. Mayall 23, 34 
 
 Kawlings v. Bell 79 
 
 Rawlinson v. Clark 68 
 
 Keede v. Bentley 70 
 
 Reid V. Holinshead 69 
 
 Regitia V. Dawson and another . . Ill 
 
 ,, V. Palmer 122 
 
 ,, V. Pinder 96 
 
 Rex V. Ball 100 
 
 V. Biirdett 50 
 
 V. Carlile 60 
 
 V. Crutchley .... 117, 118 
 
 V. Cundick 66 
 
 V. Dodd 50 
 
 V. Enuch 118 
 
 PAGB 
 
 Rex V. Ferguson 41 
 
 ,, V. Freeman 121 
 
 ,, V. Hart 49 
 
 ,, V. Harvey 50 
 
 ,, V. Hunt and another ... 49 
 
 ,, r. Langley 44 
 
 ,, V. Long 40, 44 
 
 ,, V. Phillips ........ 44 
 
 ,, V. Poulton 117 
 
 ,, V. Reeve-s 118 
 
 ,, V. SearJe 98 
 
 „ V. Sellis 117 
 
 ,, V. .Senior 40 
 
 ,, V. Simpson 41 
 
 ,, V. Spiller 41 
 
 ,, V. Spilling 42 
 
 ,, V. Tessymond 42 
 
 ,, V. Trilloe 118 
 
 ,, V. Van Butchell 40 
 
 ,, V. Webb 42 
 
 ,, V. Williamson 40 
 
 ,, V. Wright 98 
 
 „ V. Wright 118 
 
 Scott V. Mdler 72 
 
 Scott V. Wakem Ill 
 
 Seare v. Prentice 38 
 
 Shrewsbury v. Blount .... 79 
 
 Simpson v. Relfe 34 
 
 Slater v. Baker 38 
 
 Smart v. West Ham Union . . . 131 
 Southee v. Denny .... 46, 47 
 In re C. Stanger, M.U. . . 18, 19, 22 
 
 Sweet V. Benning 58 
 
 Sym V. Fraser and another . . .112 
 
 Taylor v. Ashton 81 
 
 Tench v. Roberts 72 
 
 Thorley v. Lord Kerry .... 50 
 
 Tinsley v. Lacy 59 
 
 Todd V. Kerrick 73 
 
 In re Townley 95, 140 
 
 Turner v. Reynall c.0, 74 
 
 Tutty V. Alewyn 46 
 
 Venables v. Wood 70 
 
 Waring r. Waring 105 
 
 Watson V. Poulson 79 
 
 Webb V. Rose 54 
 
 Watton V. Hai disty 78 
 
 Williams V. Jones 72, 76 
 
 Willis V. Lowe 106 
 
 Wilson V. Whitehead 70 
 
 In re W. F. Windham . . 102, 103 
 
 Wise V. Wilson 74 
 
 Wright V. Greenwood .... 30 
 
 Wright V. Woodgate 50 
 
 Young V. Genger 31
 
 STATUTES REFERRED TO. 
 
 3 Edw. I., c. 10. 
 
 14 Edw. III., c. 1, 8. 8 
 
 28 Edw. III., c. 6 
 
 3 Henry VIII., c. 11 . 
 
 5 Henry VIII., c. 6 . 
 11 & 15 Henry VIII., c 
 32 Henry VUF., c. 42, 
 
 1 Jac. I., c. 72 
 
 2 Jac. I., c. 31 
 28 Car. II.. c, 3, ss. 4, 17 
 
 8 Anne, c. 19 
 
 9 Anne, c. 2 
 9 Geo. II., c. 5 . 
 18 Geo. II., c. \r> 
 31 Geo. III., c. 34 
 39 & 40 Geo. III., c. 94 
 48 Geo. III., c. 96 
 55 Geo. III., c. 194 
 
 6 Geo. IV., c. 78 . 
 9 Geo. IV., c. 40 
 2& 3 Wm. IV., c. 75 
 
 3 & 4 Wm. IV., c. 103, ss. 11, 1 
 5 & 6 Win. IV., c. 65, ss. 4, 5 
 
 5 & 6 Wm, IV., c. 76 
 
 6 & 7 Wm. IV., c. 86 
 6 & 7 Wm. IV., c. 89, ss. 1, 3, 5 
 1 Vict., c. 26, s. 9 
 1 Vict., c. 68, s. 2 
 1 & 2 Vict., c. 14, 
 1 & 2 Vict., c. 49 
 1 & 2 Vict., 0. 59 
 3 & 4 Vict., c. 29 
 3 & 4 Vict., c. 54 
 
 4 & 5 Vict 
 
 5 & 6 Vict , c. 
 5 & 6 Vict., c 
 
 5 & 6 Vict., c 
 b & 7 Vict., c 
 
 6 & 7 Vict., c 
 
 7 & 8 Vict., c 
 
 32, s. 
 
 29 
 
 45. ss. 17, 23 
 
 26 
 
 96, ss. 2, 6 
 
 V2, ss. 2, 8, 11 . 
 
 7 & 8 Vict.,' c. 15, ss. 8, 10, 11. 12, 13, 22, 53 
 
 8 & 9 Vict., c. 29 
 8& 9 Vict., c. 126 
 
 8 & 9 Vict.,c. 100,83.3,23,43, 50, 54,55, 56, 57,59 
 
 9 & 10 Vict., c. 66, a. 6 
 
 9 & 10 Vict., c. 93, ss. 1, 2 
 
 10 & 11 Vict., c. 29 . 
 13 & 14 Vict., c. 54 . 
 15 & 16 Vict, c. 12, ss. 1, 9, 18 
 15 & 16 Vict., c. 24 . 
 
 15 & 16 Vict., c. 56 . 
 
 16 & 17 Vict., c. 70 . 
 10 & 17 Vict., c. 96, ss. 7, 10, 11, 12, 13, 19, 2u 
 
 60 
 
 . 114 
 
 . 114 
 
 . 114 
 
 7, 9. 16, 18 
 
 9 
 
 15, 16, 18, 154,155 
 15, 18, 34, 146 
 . 66 
 . 83 
 76, 77 
 . 56 
 . 83 
 . 66 
 23, 24 
 . 25 
 . 141 
 . 135 
 . 25 
 . 83 
 . 135 
 63, 67 
 86, 88 
 56, 57 
 . 125 
 . I:i6 
 36. 115, 116 
 105,106,107 
 116 
 95 
 128 
 59 
 90 
 94, 140, 141 
 90, 132 
 . 137 
 137, 138 
 56, 61 
 . 138 
 49, 52 
 59, 60, 61 
 86, 87, 88 
 . 88 
 . 136 
 107, 108,110,111,112 
 . 131 
 . 33 
 . 88 
 8S 
 60, 61 
 . 106 
 143, 144 
 . 101,103,108 
 97, 110, 112, 136
 
 XVlll 
 
 STATUTES REFERRED TO. 
 
 16 & 17 Vict., c. 97, ss. 7, Q6, 67, 68, 69, 70 
 16 & 17 Vict., c. 100 . 
 
 16 & 17 Vict., c. 104 . 
 
 17 & 18 Vict., c. 114 . 
 
 19 & 20 Vict., c. 108, s. 23 
 
 21 & 22 Vict., c. 90, ss. 17, 26, 30, 31, ( 
 32, 34, 35, 3tj, 37, 40, 47, 48, 54, 55 ( 
 
 22 Vict., c. 21, s. 6 . 
 
 23 Vict., c. 7, s. 45 . 
 23 & 24 Vict., c. 66 . 
 23 & 24 Vict., c. 75, ss. 14, 15 
 23 & 24 Vict, c. 77 . 
 23 & 24 Vict., c. 86, ss. 2, 12 
 
 23 & 24 Vict., c. 116, s. 6 . 
 
 24 & 25 Vict., 0. 134 
 
 25 & 26 Vict., 0. 91, s. 2 . 
 25 & 26 Vict., 0. Ill, ss. 21, 22, 24, 27, 47 
 27 & 28 Vict., c. 29, ss. 2, 3 
 27 & 28 Vict., c. 48, s. 6 . 
 27 & 28 Vict., c. 119, s. 75 
 29 & 30 Vict., c. 35, s. 15 
 
 29 & 30 Vict., c. 90, ss. 15, 22, 28, 37 
 
 30 & 31 Vict., c. 84, ss. 18, 31, 32 
 30 & 31 Vict., c. 142, ss. 5, 10 . 
 
 30 & 31 Vict., c. 146 
 
 31 fr 32 Vict., c. 115 
 31 & 32 Vict., c. 116, s. 1 . 
 
 31 &32 Vict.,c. 121, ss. 3, 18 
 
 32 & 33 Vict., c. 96, s. 7 . 
 
 33 Vict., 0. 117, ss. 1—15 
 
 PAGB 
 
 , 73, 75, 76, 79, 87, 122 . 95, 96, 97, 112 
 
 90, 92 
 
 . 26 
 
 . 51 
 
 \ 15, 17, 23, 27, 29, 30, 
 
 \ 31, 35, 36, 70, 85, 146 
 
 16, 31 
 
 ,35 
 
 
 16 
 
 . 
 
 138 
 
 
 84 
 
 102, 
 
 103 
 
 
 125 
 
 
 139 
 
 62, 
 
 146 
 
 96, 97, 
 
 133 
 
 140, 
 
 141 
 
 
 88 
 
 141, 
 
 142 
 
 
 88 
 
 84, 85, 
 
 116 
 
 9C 
 
 , 92 
 
 
 51 
 
 
 86 
 
 
 85 
 
 
 69 
 
 143, 
 
 144 
 
 8£ 
 
 >, 90 
 
 143, 
 
 144 
 
 STATUTES PRINTED IN EXTENSO IN 
 THE APPENDIX, 
 
 6 & 7 Wm. IV., c. 89, Medical Witnesses at Coroners' Inquests . 
 
 . 166 
 
 7 Wm. IV., and 1 Vict., c. 68, Coroners' Inquests 
 
 . 168 
 
 8 & 9 Vict., c. 100, Lunacy 
 
 . 170 
 
 16 & 17 Vict., c. 96, „ 
 
 . 211 
 
 16 & 17 Vict., c. 97, „ 
 
 . 224 
 
 18 & 19 Vict., c. 105, 
 
 . 281 
 
 19 & 20 Vict., c. 87, „ 
 
 . 280 
 
 25 & 26 Vict., 0. 86, ,, 
 
 . 286 
 
 25 & 26 Vict., c. ni, ,, 
 
 . 292 
 
 15 & 16 Vict., c. 56, Pharmacy, Pharmaceutical Chemists Acts . 
 
 . 305 
 
 31 & 32 Vict., c. 121, ,, „ „ 
 
 . 309 
 
 16 & 17 Vict., c. 100, Vaccination Acts 
 
 . 317 
 
 30 & 31 Vict., c. 84, „ 
 
 . 321 
 
 29 & 30 Vict., c. 35, Contagious Diseases Acts . . . . . 
 
 . 330 
 
 32 & 33 Vict., c. 96, „ ,,„.... 
 
 . 345 
 
 18 & 19 Vict., c. 116, Public Health Acts 
 
 . 355 
 
 18 & 19 Vict., c. 121, „ „ 
 
 . 357 
 
 23 & 24 Vict., c. 77, „ „ 
 
 . 376 
 
 29 & 30 Vict., c. 90, „ ,, 
 
 . 380 
 
 21 & 22 Vict., c. 90, Medical Acts 
 
 . 397 
 
 22 Vict., c. 21, „ 
 
 . 408 
 
 23 Vict., c. 7, ,, ....... 
 
 . 409 
 
 23 & 24 Vict., c. 66, ,, 
 
 . 411 
 
 31 & 32 Vict., c. 29, „ 
 
 . 413
 
 INTRODUCTION. 
 
 This work is based for the most part on the Medical Acts (21 & 22 
 Vict., c. 90 ; 22 Vict., c. 21 ; 23 Vict., c. 7 ; 23 & 24 Vict., c. 66 ; and 
 31 & 32 Vict., c. 29), but many other Acts of Parliament, such as 
 those relating to Anatomy, Copyright, the Public Health, Lunacy 
 and Insanity, Vaccination, the Poor Laws, Medical Witnesses, and 
 other subjects incidental to the guidance of the medical practitioner 
 in the discharge of his duties, both public and private, are referred 
 to, abstracted, or epitomized, according to their relative importance 
 or bearing upon the main object of this treatise. That object is to 
 furnish the medical practitioner with a compendious and ready 
 means of apprehending the nature of his duties and responsibilities 
 in relation to the laws of the land, and of referring to the autho- 
 rities which have decided disputed cases, explained and expounded 
 apparently inconsistent or ambiguous enactments, and have thus 
 pioneered the way, possibly for further improvements, in the organi- 
 zation of the profession, or in the protection, remuneration, and 
 security legally furnished to the individual practitioner. All the 
 Acts of practical utility will be found in the Appendix, a list of 
 which is prefixed. The substance of most of the cases cited is given 
 in an abstract form, as the reports containing them might not be 
 accessible to the general reader. At the same time a table of cases 
 is also added, and in the rcmai'ks and conclusions made or arrived at 
 by the author, he trusts to be acquitted of presumption, as they 
 are principally founded upon observations and opinions expressed by 
 those who are entitled to the utmost deference and respect. In 
 perusing this work it will be necessary for the general reader to 
 bear in mind that the term " unqualified" person, medical man, 
 or practitioner, is used as distinct from " unregistered," as, although 
 the Medical Act of 1858, in defining the term " legally qualified
 
 XX INTRODUCTION. 
 
 medical practitioner," or " duly qualified medical practitioner," or 
 " any words importing a person recognised by law as a medical 
 practitioner or member of" the medical profession," construes such 
 to mean " a person registered uuder that Act," such construction 
 only applies " when" such words are " used in any Act of Parlia- 
 ment^'' (s. 34). A person may be " qualified," though not in the above 
 sense " legally" or " duly" qualified as a medical practitioner. He 
 may labour under many disabilities through want of registration, as 
 will be seen in the course of this work, but he cannot, in such case, 
 be proceeded against for penalties as if he had no qualification 
 whatever, much less can he be said to be '* wilfully and falsely 
 pretending to be, or taking or using the name or title of a 
 physician," &c., " implying that he is registered under the Act," 
 within the meaning of the penal section (40). 
 
 For instance, an unregistered Fellow, Member, or Licentiate of 
 the College of Physicians could not be proceeded against by that 
 or any other body for practising physic, so long as he did so within 
 the terms prescribed by his licence or the reasonable bye-laws of the 
 College ; and the same remark applies to Fellows and Members of 
 the College of Surgeons practising surgery though not registered, 
 and also to the Licentiates of the Apothecaries' Society practising 
 physic under their licences, and indeed to all practising under the 
 authority of any licensing corporation and not infringing the 
 privileges of others, although, not " registered." In a word, an 
 " unqualified " person is a person not possessing any qualification 
 for registration, whereas a person may possess every professional 
 qualification for registration, but yet for want of such registration 
 he would not be a " legally qualified medical practitioner " in the 
 sense in which such words "are used in any Act of Parliament," 
 unless he were also "registered." 
 
 In the list of qualifications, mentioned in Schedule (A) of the Act, 
 there is no reference made to "Members" of any college of physi- 
 cians, but that omission, which is simply explained by the fact that 
 at the time of the passing of the Act, " Members " had not then 
 been created as distinct from " Licentiates," is supplied by the 
 22 Vict., c. 21, 8. 4, which enacts that the term " Member" shall be 
 added after the term "Fellow" to the qualifications described in 
 the first and second heads of Schedule A. Those columns, with 
 that addition, therefore; now read thus : —
 
 INTRODUCTION. XXI 
 
 1. Fellow, Member, Licentiate, or Extra- Licentiate of the Royal 
 Cullege of Physicians of London. 
 
 2. Fellow, Member, or Licentiate of the Royal College of 
 Physicians of Edinburgh. 
 
 The word or term " Member" is directed to be in addition to, 
 not in substitution of, any other qualification described in those 
 two heads. And by the 23 Vict., c. 7, s. 1, Licentiates in Surgery 
 of any university in Ireland, legally authorized to grant such 
 licences, are put upon the same footing as respects registration as 
 is prescribed in the Schedule of the first Medical Act in respect of 
 the registration of any Master in Surgery of any university of the 
 United Kingdom. In referring to that Schedule the reader will 
 be pleased to remember these " additions." A further Act of the 
 23 & 24) Vict., c. 6G, provides that in any new charter which shall be 
 granted to the Royal College of Physicians of London or of Edinburgh, 
 or to the King and Queen's College of Physicians in Ireland, nothing 
 shall in any way aflect the rights, powers, authorities, qualifications, 
 liberties, exemptions, immunities, duties, and obligations granted, 
 conferred, or imposed upon suoli corporations respectively, but so 
 much of the Act of the 14 & 15 Henry VIII., c. 5, as relates to the 
 Elects of the Royal College of Physicians of London, and their 
 powers and functions, is declared to be repealed, and their office 
 and name from the date of that Act (18G0) are wholly to cease and 
 determine, it being recited in the pre.iuible that " the main function 
 of the Elects — viz., that of examining and granting letters testimonial 
 in accordance with the provisions " of the Act of Henry VIII., 
 ibrbidding any person " to practise in physic through England 
 until he be examined by the President and three of the said Elects, 
 and have from them letters testimonial," had " been virtually super- 
 seded by the Medical Act, and that the Elects have ceased to grant 
 letters testimonial in accordance with the provisions contained in 
 the statute of Henry VIII., and it is therefore expedient that these 
 provisions should be repealed." It is of course provided that such 
 repeal shall not affect the rights of those already possessing such tes- 
 timonials, and all trusts to be executed by the Elects are thenceforth 
 to vest in and be executed by the Censors of the College. As also 
 by the Medical Act (1858), if the Royal College of Surgeons of 
 Edinburgh, and the Faculty of Piiysiciaus and Surgeons of Glasgow, 
 agree to amalgamate so as to form one united corporation under the
 
 XXll INTRODUCTION. 
 
 name of the " Eoyal College of Surgeons of Scotland," her Majesty 
 is empowered to grant them such new charter or charters as may be 
 necessary for effecting that union, such changes might still further 
 create confusion, except they were borne in mind when a reference 
 is made to Schedule A of the original Act. With these few ex- 
 planatory remarks, and remembering that the first three Acts are 
 directed to " be construed together as one Act," and that the last 
 Act on this subject relates entirely to the Colonies, the term 
 " colony," however, not to include the Channel Islands and the Isle 
 of Man, it is sufficient to say that the Medical Act of 1858 will in 
 this work be spoken of generally as The Medical Act, and some- 
 times as The Medical Act (1858), or The ^e;^, and the others, when 
 specially referred to, will be particularized according to their 
 respective descriptions. 
 
 H. W. 
 
 5, King's Bench Walk, Temple.
 
 THE LAWS 
 
 RELATING TO 
 
 THE MEDICAL PROFESSION. 
 
 CHAPTEE I. 
 
 ANCIENT OEDEES OE THE MEDICAL PEOFESSION. 
 
 The antiquity of the art of healing, as embodied in the science of 
 medicine, and reduced to principles which have ever since, more or 
 less, regulated its practice, can at least be traced to the time of 
 Hippocrates, the second of that name, who was born about the first 
 year of the eighteenth Olympiad — ^that is, e.g. 4G0, or 2330 years 
 ago. He was, in many respects, the most celebrated physician of 
 ancient or modern times, and, probably from a belief that no mere 
 mortal could possess the powers and skill which he undoubtedly 
 evinced, a divine origin was attributed to him, and according to his 
 genealogy given by John Tzetzes, with a minute particularity worthy 
 of Sir Bernard Burke himself, he was seventeenth (though, according 
 to Soranus, nineteenth) in descent from ^Esculapius, and tlirough 
 his mother, whose name was Phaernaiete, was even said to be a 
 descendant of Hercules. Without vouching for the truthfulness of 
 this pedigree, the Divine art may well be supposed to have, at least 
 in some sense, a Divine origm. 
 
 Hippocrates was born in the isle of Cos, where his birthday was 
 celebrated with sacrifices on the 26th day of the month of Agrianus. 
 He was instructed in medical science by his father, Heraeleides, and 
 by Herodiciis, and was also said to have been a pupil of Gorgias of 
 Leontini, and after practising his profession at home died at Larissa, 
 in Thessaly, about the year b.c. 357, in which case he must have 
 been 103 years of age. His ancestors had practised medicine for 
 probably a century previous, and liis two sons Thessalus and Dracon, 
 and a son-in-law, Polybus, followed the same profession, and ai-e 
 supposed to have been the authors of some of the works in the Hip- 
 pocratic collection. These facts tend to explain the ponderous and 
 
 £
 
 2 ANCIENT OEDERS OF THE MEDICAL PROFESSION. 
 
 voluminous collection of writings under the above title, of "whicli it 
 may be safely asserted that it is quite impossible any one man could 
 have written all thus collected under his name. It appears from 
 different parts of this collection that by far the greater proportion 
 of the several hundred substances used medicinally by him belong 
 to the vegetable kingdom. His personal character seems to have 
 been that of a pattern physician, entertaining, as he evidently did, 
 a keen sense of the moral responsibilities and obligations of his pro- 
 fession, and throughout his writings his endeavour is to impress 
 upon his readers the duties of care, attention, and kindness towards 
 the sick ; and some of his moral reflections and apophthegms have ac- 
 quired quite a proverbial notoriety (as for example " Life is short, 
 and art is long"). This is not the place, however, for a biographical 
 sketch even of so celebrated a character ; and even an allusion to 
 his vegetable pharmacopoeia is only made to remind the reader that, 
 in an age when chemical science had not as yet emerged from its 
 very germ, the simple process of this great man consisted chiefly in 
 watching the operations of nature, and in more accurately discovering 
 the properties of the vegetable kingdom with a view to applying 
 them to the alleviation of human maladies. Not, however, confining 
 himself to this knowledge, in which the most savage state of society 
 can to some extent participate, in surgery he is the author of the 
 frequently-quoted maxim that " "What cannot be cured by medicine 
 is cured by the knife ; and what cannot be cured by the knife is 
 cured by fire." 
 
 Galen, who was born about a.d. 130, ranks next among the 
 medical sages of antiquity, and though his admirers have not gone 
 the length with those of Hippocrates of assigning to him a Divine 
 genealogy, he himself is often devoutly lavish in the praises of his 
 father Jsicon, not only for his knowledge of astronomy, grammar, 
 arithmetic, and various other branches of philosophy, but also for his 
 patience, justice, benevolence, and virtue. But even Galen was not 
 above claiming special revelations from the gods. He on one occa- 
 sion pleaded to the emperor, M. Aurelius, that it was the will of 
 ^sculapius that he should be left at Eome instead of following the 
 fortunes of the imperial warfare on the Danube, and whether he 
 believed or invented the idea of a vision from the god on this occa- 
 sion, it is certain that he more than once mentions his receiving 
 ■what he conceived to be Divine communications during sleep, in 
 cases where no personal object can be discovered. 
 
 Eome was henceforth the great theatre of Galen's success, and 
 aff"orded, under imperial patronage, an advantageous field for his 
 great learning and abilities. Here he had opportunities of witness-
 
 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 3 
 
 ing the development of Christian practice, if not of doctrine, in the 
 early period of the history of that faith, and in one of his works he 
 speaks of the Christians in tlie liighest terms, praising their tempe- 
 rance and chastity, their blameless lives and love of virtue, in 
 which, as he says, they equalled or surpassed the philosophers of the 
 age. 
 
 The works of Galen (Kiihn's edition) extend to twenty-one 
 volumes, and embrace the subjects of Anatomy and Physiology, 
 Dietetics and Hygiene, Pathology, Diagnosis and Semeiology, Phar- 
 macy, Materia Medica, Therapeutics — ^including Surgery, Commen- 
 taries on Hippocrates, and various miscellaneous and philosophical 
 works, so that it would appear medical science was not even at that 
 now remote period, based upon mere superstition, nor yet is it to 
 any considerable extent found appealing, for lack of human knowledge, 
 to supernatural power, charms, incantations, sorcery, or witchcraft. 
 To the compilers, both among the Greeks and the Komans, of medi- 
 cal works, like Aetius and Oribnsius, Galen's works formed the 
 basis ; while, as soon as they had been translated into Arabic, in the 
 ninth century, chiefly by Honain Ben Ishak, they were at once 
 adopted throughout the East as the standard of medical perfection. 
 Opinions difter as to the value aflorded by the Arabic writers in 
 explanation and illustration of Galen's works. These Arabic 
 writings, though extant in various European libraries, have never 
 yet been published ; although an immense number of European 
 writers have from time to time edited, translated, or illustrated 
 Galen's works, but, unfortunately, no critical edition of Galen's 
 works in the original has been undertaken, the existing commentaries 
 and abridgments having been made from Latin translations of the 
 Arabic, itself a translation from the Greek, aboundiuir with inter- 
 polations undistinguished from the original text. 
 
 Thus, to a great extent, the writings of Galen became obscured, 
 and in a measure vitiated, by new commentaries, which were, for 
 the most part, mere sophistical speculations founded on Aristotelian 
 logic. 
 
 These reminiscences should teach us to deal leniently witli the 
 failings of the ancients, remembering that in science, art, and litera- 
 ture, much that was valuable has been lost or obscured, and that 
 Greece, Eome, Egypt, Arabia, and Assyria, of old, were perhaps 
 more advanced in civilization, which goes hand in hand with science 
 in all its branches, than can now be strictly proved, or than we are 
 in candour prepared to admit. 
 
 AVithout entering upon the controversy relating to the 
 introduction of Christianity into Britain, it may with safety 
 be affirmed that its organization into a regular system in this 
 country by Pope Gregory the Great, brought into England 
 
 b2
 
 4 ANCIENT ORDEES OF THE MEDICAL PROFESSION. 
 
 many of the Roman writings, and among others the valuable 
 medical works of Galen. For these the monastic libraries at once 
 afforded a repository, and at the same time thus furnished food to 
 the monastic craving for learning, which, whether sacred or pro- 
 fane, found favour in these institutions ; and it would, indeed, be a 
 monstrous moral contradiction that the monastery that produced a 
 Bede should have been indifferent to the cultivation of a science 
 which from the time of the founder of Christianity had gone hand in 
 hand with its sublime code of humanity, in healing the sick, cleansing 
 the leper, restoring sight to the blind, making the lame to walk, and 
 even in the case of recovery from suspended animation, to all ap- 
 pearance raising the dead. On the institution of the Universities, 
 medicine necessarily became an object of considerable importance. 
 
 In the middle of the seventh century was founded the medical 
 school at Salerno, an institution soon followed by similar semina- 
 •ies throughout Europe, and the degree of " Medicus" seems to have 
 been known at Oxford soon after the Conquest (Exon. Domesday 
 Book, 5), and in the fourteenth century the degree of doctor of 
 physic was by no means uncommon. (See "Wood's Hist, of Ox- 
 ford, vol. ii. p. 18. Gutch, vol. ii. p. 765). The monks, and 
 even the secular clergy, were necessarily the only regular phy- 
 sicians and surgeons, as none but the clergy paid the slightest at- 
 tention to learning — or rather, it might be said, that almost all the 
 learned of that day went into holy orders, and the Latin being the 
 language of the Catholic Church, was assiduously cultivated, so that 
 all books, even on philosophy and science, were written in it. 
 
 The doctors of that day, as has been just now remarked, were for 
 the most part monks, who seem to have practised physic in all its 
 branches, both prescribing and administering medicine, and perform- 
 ing the operative parts of surgery. Various canons, such as those 
 of the Council of Eheims (a.d. 1131) and the Council of Laterau 
 (a.d. 1139) were passed to regulate this practice, until at length 
 at the Council of Tours (a.d. 11U3) it was decreed that none of the 
 regular clergy should leave their monastery for the purpose of de- 
 voting themselves to this practice. The words of the canon on 
 that point are as follows : — " Inde nimirum est quod se in angelum 
 \icis more solito trausfigurans, sub obtentu languentium fratrum 
 consulendi corporibus et ecclesiastica negotia fidelius pertractandi, 
 regulares quosdam ad legendas leges et confectiones ]j)}i\jsicales pon- 
 derandas de claustris suis educit .... statuimus ut nullus omnino 
 post votum religionis, post factum in aliquo religioso loco profes- 
 sionem, ad physicam legesve mundanas legendas permittatur exire." 
 This canon is couched in terms of great respect towards the persons 
 against whom it was aimed, for at the same time that they are for- 
 bidden to undertake duties incompatible with their spiritual charac-
 
 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 5 
 
 ter as wliolly devoted to certain religious occupations, they are com- 
 plimented as being the most worthy members of their profession, and 
 actuated by the best feelings of human nature— viz., a desire to 
 alleviate the sufferings of their brethren. The canon, however, 
 was only directed against the regular or monastic clergy, and not 
 against the secular clergy, who were not bound by any special vows 
 of obligation to monastic rule. From this time the monks confined 
 themselves to the prescribing of medicines, to be compounded and 
 administered by others, and wholly abstained from the manual 
 operations of surgery ; but the secular clergy continued to practise 
 physic in all its branches as before, without any interference. It 
 appears that about this time Eichard Fitz-Nigel, who died Bishop 
 of Loudon, had been apothecary to Ilenry II. (Aug. Sacra, t. i. 
 p. 304.) 
 
 But even in the present day there arc two members of the Epis- 
 copacy—viz., Dr. Bickersteth, Bishop of Eipon, and Dr. McDougall, 
 retired Bishop of Labuan, who, having been originally members of 
 the medical profession, have, since their elevation to the Episcopal 
 Bench, been elected, and still remain. Fellows of the College of 
 Surgeons of England. Before quitting the subject of clerical 
 medical practitioners it is perhaps only due to the memory of one 
 of the last clerical-physicians of the present day to say that the 
 University of Cambridge has but recently lost one of its most dis- 
 tinguished members in the person of the llev. W. Clark, M.D., 
 F.li.S. and F.ll.C.P., who in the year 1S08 was seventh wrangler, 
 and afterwards became Professor of Anatomy at the University, and 
 indeed to whom the University is indebted for the greater part of 
 its present anatomical collection, and almost for the formation, and 
 certainly for the arrangement, of the anatomical museum. Dr. 
 Clark, who was elected a ftsllow of Trinity College, was in the year 
 182G presented by that College to the rectory of Guiseley, near 
 Leeds, which preferment he held for thirty-three years, and during 
 the whole of that time he also occupied the chair of Anatomy at Cam- 
 bridge, having held the latter appointment for a period of no less 
 than forty-nine years, viz., from the year 1817 to 1866. It is be- 
 lieved that at one time he also combined the private practice of a 
 physician, but this was probably before he obtained preferment in 
 the Church. The case is somewhat curious, both as evidencing the 
 legal right even in the present day to pursue at the same time the two 
 professions, and as illustrative of the varied qualifications and 
 attainments that may be centred in one individual, as we certainly 
 have here an instance of mathematical, anatomical, medical, and 
 general scientific acquirements, united in the same person, and sub- 
 sidiary perhaps, only to theological and divinity scholarship. Nor 
 need such an one be one whit the less an efficient clergyman because
 
 6 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 
 
 he has profoundly studied human and comparative anatomy, to say 
 nothing of physiology, the structure, disposition, functions, and 
 development of the organs of the human body, the masterpiece of 
 the works of the Creator. 
 
 The effect of the canons on the subject of physic, hovrever, was to 
 create a distinction of orders, and hence arose a division among 
 the duties of medical practitioners. The department of surgery fell 
 by degrees into the hands of barbers and smiths, who had hitherto 
 been employed as assistants in surgical operations, and from this 
 time there grew up three regular, and unfortunately many irregular, 
 orders of the medical profession, which may be distributed thus : — 
 Eirst, the scholars ; secondly, the surgeons of all sorts ; thirdly, the 
 grocers or poticaries ; fourthly, the empirics ; fifthly, the alchymists ; 
 sixthly, the sorcerers; and lastly, the witches or herbalists; to 
 •whom may be added the astrologers, who, however, rather foretold 
 the occurrence of ailments and distempers than attempted to avert 
 them. The physicians were almost uniformly of the order of 
 Galen, compounding their own prescriptions, and, at all events, 
 affecting a great show of learning, and being often men of eccle- 
 siastical rank and wealth, obtained for their branch of the profession 
 a considerable social status, with which the surgeons and apothe- 
 caries could never compete. 
 
 In the year 1237 were made the celebrated regulations by the 
 College of Salerno, by which every person was required to spend 
 three years in the study of philosophy, and five years in the study 
 of physic, and to obtain a license after examination by two doctors, 
 before he could enter upon practice in that faculty. And similar 
 regulations appear to have been adopted soon after by the French 
 and English Universities. The laity were never expressly excluded 
 from the practice of physic, provided they obtained the necessary 
 decree; but as most who remained long enough at college to 
 graduate in medicine received holy orders, there are not many lay- 
 men to be found among the earlier medical practitioners, who were 
 often beneficed clergy, and even bishops and other dignitaries among 
 the secular clergy. ^The canon of the Council of Lateran, before 
 referred to, which directs that the physician of the body shall first 
 call in the physician of the soul, and postpone all attempts to cure 
 the body until spiritual medicaments had been applied to the soul, 
 gave the clerical physicians a considerable advantage over their lay 
 competitors. The English Universities had no power to prevent 
 any persons from practising, though they had not graduated iu 
 physic. On this account, therefore, in the 9th year of Henry V., 
 an attempt was made by the Universities of Oxford and Cambridge 
 to obtain legislative authority for excluding every one from the 
 practice of physic who had not taken the degree of Bachelor of
 
 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 7 
 
 Medicine, under the penalty of 40Z. and imprisonment, whether man 
 or woman. This measure, however, never really obtained the force 
 of an Act of Parliament ; but in the 3rd year of Henry VIII. an 
 Act was passed which is generally received as the foundation of all 
 statute law on the subject. Under this, in order to banish all super- 
 natural obstacles, the bishop of the diocese proceeded to exorcise the 
 fiend, and in order to provide for sufficiency of learning two doctors 
 are required to examine the qualifications of the medical candidate. 
 The third clause of the Act saves the rights and privileges of the 
 Universities of Oxford and Cambridge. But by the 14 and 15 Hen. 
 VIII., 0. 5, reciting the Charter of 10 Hen. VIII., the powers of 
 examination were transferred from the persons appointed for that 
 purpose by the former Act, and confided to the College of Physi- 
 cians, instituted by the charter previously granted by the king as 
 therein recited. Under this statute the University graduates who 
 might desire to practise in London were included ; but the rights 
 and privileges of graduates of Oxford or Cambridge to practise 
 throughout the rest of England were reserved. 
 
 The appointment of physicians and surgeons to attend upon 
 royalty was from a very early period made by the king, with the 
 assent of the privy council. 
 
 Lord Coke, in his remarks upon the College of Physicians, 
 alludes to such appointments thus : — 
 
 " Eex adversa valetudine laborans de assensu concillii assignavit 
 Johannem Arundel, Johannem Saceby, et W. Hatcliff'e, medicos : 
 Eobertum Warren et Johannem Marsliall chirurgos ad libere 
 ministrandum et exequendum in et circa personam suam : viz., 
 quod licite valeant moderare sibi dia)tam suam, et quod possint 
 ministrare potiones, syrupos, confectiones, laxitivas medicinas, 
 clysteria, suppositoria, caput purgea, gargarismata, lealnen, epithi- 
 mota, fomentationes, embrocatioues, capitis rasuram, unctiones, 
 emplastra, cercra ventos. cum scarificatione, vel sine emovodorum 
 provocatione, &c. Dantes singulis in mandatis quod in executione 
 praemissorum sint intendentes, &c." And he adds, " Upon this, 
 four things are to be observed — 1, that no physick ought to be 
 given to the king without good warrant ; 2, that this warrant ought 
 to be made by the advice of his councell ; 3, they ought to minister 
 no other physick than that which is set down in writing ; 4, that 
 they may use the aid of those chirurgeons named in the warrant, 
 but of no apothecary, but to prepare and do all things themselves. «tc. 
 And the reason of all this is the precious regard had of the health 
 and safety of the king, which is the head of the commonwealth. 
 The science of physick containeth the knowledge of chirurgery." — 
 Coke's Institutes, 4th Pt. 251. 
 
 It has been already remarked that the monkish physicians were
 
 8 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 
 
 at first the only regular surgeons, and it is not unlikely that they 
 sometimes employed the barbers and farriers in the less agreeable 
 parts of the occupation. But in the eleventh century arose two 
 singular bodies of medical practitioners, the Knights Hospitallers, 
 and the order of St. Lazarus. The former, in addition to their 
 military duties, undertook the care of the sick and wounded in the 
 field of battle, and accompanied the Christian armies in the double 
 capacity of warriors and surgeons. The latter were lazars, or 
 lepers, themselves, who being excluded from the community, formed 
 a separate society, and at lengtli becoming numerous and useful, 
 obtained the order of knighthood, into which they admitted many 
 who were not affected with the complaint. They afterwards formed 
 two classes, the healthy and the diseased, of which the former, like 
 the sons of JSsculapius, accompanied the armies to battle, but de- 
 clining the privilege claimed by the heroes of the Barber- Surgeons' 
 Company to stand therein " unharnessed and uuweaponed," sig- 
 nalized themselves far more by their martial achievements in wound- 
 ing and slaying than in the feats of anointing and healing ; but in 
 reference to the origin of the order, it was a rule that no one should 
 attain the rank of its master, who had not been himself a leper. 
 
 The operative part of surgery being totally abandoned by the 
 monks, in pursuance of the canon of Tours, that practice fell into 
 the hands of the barbers and smiths, but the more regular and dig- 
 nified surgeons were the gentlemen of the Barbers' Company. The 
 familiar assistants of the ancient clerical surgeons, and provided 
 wuth the recipes of their former employers, it was natural that they 
 should assume the business relinqviished by their superiors. They 
 readily associated the knife and lancet with the razor and the 
 scissors, and at once established as rigorous a doctrine in surgery as 
 the scholastics had previously introduced concerning physic. The 
 first recorded instance of the co-operation of physician and surgeon 
 is the unfortunate case of Eichard I., who seems to have been at- 
 tended, and horribly maltreated by both, when wounded at the 
 siege of Chalus. 
 
 " Interea regom circimistant undiqiie mixtim, 
 Appouent iiiedici fomcnta, secaiitque chirurghi, 
 Vulnus, ut inde traliaut ferrum leviore periclo." 
 
 Vide Pasquier, " Rechercli. de la France," 
 lib. 9, c. 31, p. 825. 
 
 With the exception of a few surgeons about the court, the body 
 seems to have held a very low place in the social scale, but yet 
 they were by no means numerous. 
 
 The barbers thus practising surgery associated themselves, and 
 formed one of the guilds or companies of Loudon, and at length, in 
 the first year of Edward IV., obtained a charter of incorporation,
 
 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 9 
 
 bestowing upon tliem certain privileges in the exercise of their 
 mystery, 
 
 Notwithstanding this, another body of pure surgeons sprung up, 
 who, althougli unauthorized, became competitors of such influence, 
 that tlie barber-surgeous were compelled to acknowledge them, and 
 admit them into one fraternity under the provisions of 32 Ken. 
 VIII., c. 42, a previous Act, 5 Hen. VIII., c. 6, having relieved the 
 barber-surgeons from the duties of watch, ward, quests, and other 
 obligations. All persons were, however, still bound under the 
 3 Hen. VIII., c. 11, to obtain a license after due examination in 
 order to practise as surgeons within the city of London and eleven 
 miles of the same, under a penalty of 5/. for every month of such 
 practising. Under the 32 Hen. VIII., c. 42, s. 3, those sur- 
 geons using "barbery or shaving within the city of London, 
 suburbs, or one mile circuit of the same city, were prohibited from 
 occupying any surgery, letting of blood, or any other thing belong- 
 ing to surgery, drawing of teeth only except." And it was further 
 enacted that " whosoever useth the mystery or craft of surgery 
 shall in nowise occupy nor exercise the feat or craft of barbery or 
 shaving, neither by himself nor by none other for him, to his or 
 their use." 
 
 And by sec. 4, " no person should presume to keep any shop of 
 barbery or shaving within the city of London, except he were a 
 freeman of the said corporation and company." By these enact- 
 ments the two callings became at length severed, the above prohi- 
 bitions having been enacted to prevent the spread of infectious and 
 contagious disorders through persons so suiFering resorting to the 
 barbers' shops for the purpose of " being washed or shaven." Ac- 
 cording to Guido de Cauliaco, who wrote about the middle of the 
 fourteenth century, the method of surgery practice was a most 
 bloody and barbarous one, and yet it was not only the orthodox 
 one, but subsequently received the sanction of the English Par- 
 liament, the most cruel and superstitious practices being com- 
 manded with the utmost particularity, even so late as 33 Hen. 
 VIII., c. 12. 
 
 We read in all the authorities (the last mentioned Act included), 
 of searing irons, of red-hot knives, for cutting and searing at the 
 same time, of the application of a yet bleeding capon to the muti- 
 lated seared stump after amputation, and other absurd and equally 
 torturing modes of conducting an operation, such as boring as 
 many holes as possible in a wounded skull, under the name of 
 trepanning. 
 
 The apothecaries, or rather the grocers, having in their latter 
 capacity laid in stores of wine, oil, honey, pepper, lard, &c., and also 
 
 few herbs, very readily superadded ointments and such other
 
 10 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 
 
 herbs as were deemed applicable for medical purposes. Some wbo 
 bad added to tbis store tbe prescriptions of tbe pbysicians, wbieb 
 tbey were bound to file as their vouchers, acquired a reputation for 
 the knowledge of simples, and took upon them to doctor their 
 customers. It was not until the introduction of chemical medicines, 
 and a variety of mixtures of the physicians, had rendered the 
 medical department of their trade unintelligible to ordinary grocers, 
 that the pharmaceutics appeared as a separate class, and claimed a 
 superiority over the dealers in cheese, butter, sugar, plums, figs, 
 and home-made wines. The two crafts of grocers and apothecaries, 
 like the barbers and surgeons, formed one of the ancient companies 
 of the City of London, and though separated by the charter of 
 13 Jac. I. into two distinct corporations, the apothecaries even from 
 this period were regarded as a trading company in the city ; and 
 whoever thought proper so to do was at liberty to sell physic through- 
 out the rest of the kingdom, provided he complied with the terms 
 imposed on all traders, in serving an apprenticeship of seven years. 
 
 It is, however, to the empirics — viz., those who were neither 
 regular physicians, surgeons, nor yet apothecaries, but irregular prac- 
 titioners, under the various names of astrologers, alchymists, sorcerers, 
 and even witches, that alone is the faculty indebted for the slightest 
 degree of improvement. These men, despising or ignorant of the 
 medical theories of the schoolmen, and neglecting the dogmas of the 
 surgeons, marked out each for himself a peculiar line and mode of 
 practice. They thus sometimes hit upon an improved remedy or a 
 real discovery in science. The alchymists especially numbered 
 among them many men of real genius. Such a master mind as that 
 of Eoger Bacon, whilst concurring with others in the delusive 
 search for the philosopher's stone, almost unconsciously surprised 
 himself at progressive discoveries in chemistry. Some new result 
 valuable to science, and peculiarly conducive to the advancement of 
 medical knowledge, emanated from the vain endeavour to discover 
 the elixir vitas, or that all-purifying essence which was to trans- 
 mute all baser ores into the pure and unalloyed residuum of the 
 precious metals. Fortunate thus was it for science that the " auri 
 sacra fames " and a belief in the discovery of the " tree of life " 
 encouraged the observation of nature, and an investigation of its 
 most secret resources, and that thus there arose, out of the study of 
 an absurd philosophy, the discovery of the true philosopher's stone, 
 the adaptation and application of natural forces and elements to the 
 promotion of the happiness and the alleviation of the sufferings of 
 the human race, 
 
 A despised race, who had learnt among their brethren scattered 
 throughout Arabia, Greece, and Persia, the arts of healing, at an 
 early period of our history alone possessed any valuable knowledge
 
 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 11 
 
 of medicine, yet pursued their course in secret and under the 
 foulest suspicious. Stigmatized by various opprobrious names 
 simply because they were Jews, their most wholesome drugs were 
 esteemed the bane of Christians, and their most scientific opera- 
 tions in surgery as fatal to every follower of the Cross, and yet 
 their practice was immeasurably superior, both scientifically and 
 operatively, to that of the most approved schools of Christian 
 Europe. A translation of some of the Arabian authors has since 
 divulged the mysteries of the Jewish physicians, and their only 
 remaining excellence henceforth consisted in the simplicity of their 
 practice, and their disinclination to adopt desperate and dangerous 
 remedies. 
 
 One class of practitioners alone remains to be considered, and 
 though last, not the least, either in professional reputation as 
 physicians, or as clinical dressers of their wounded patients. 
 
 In the pages of Tacitus we read of the competition of the Ger- 
 man dames with the venerable Priests of the Mistletoe in the 
 science of physic ; and as these ladies were believed to be endued with 
 Divine wisdom, and were more attentive in the choice of their 
 medicines and to the comfort of their patients, they obtained 
 a reputation by no means inferior to that of the regular physicians. 
 Later, in the age of chivalry, the high-born damsel was not only 
 not above, but she deemed it an essential part of her education, to 
 acquire some proficiency in the healing art. Nor does her atten- 
 tion appear to have been confined to the knowledge of the medicinal 
 properties of herbs. She was both physician and surgeon — skilled 
 not only in composing soothing drinks and making unctuous oint- 
 ments, but, as our ancient poets describe her, occupied in setting 
 broken and dislocated limbs, and dressing wounds, incurred perhaps 
 in championing her virtues, or sought as honourable tokens of her 
 knight's devotion. The kindness and attention of such a surgeon 
 would doubtless do much to alleviate the sufferings of any knight, 
 and probably the simple remedies comprised in the " one touch of 
 nature," were the best and most nutritious regimen. It remains 
 to be seen whether modern female aspirants to medical practice 
 can rival, not to say surpass, the high-souled damsels thus described 
 in the Fairy Queen. 
 
 " Where many grooms and squires ready were 
 
 To take him from his steed full tenderly ; 
 
 And eke the fairest Alma met him there. 
 
 With balm, and wine, and costly spicery ; 
 
 To comfort him in liis intirmity : 
 
 Eftsoones she caused him up to be conveyed, 
 
 Aud of his arms despoil'd easily ; 
 
 In sumptuous bed she made him be laid, 
 
 And all the while his wounds were dressing by him stayed." 
 
 laiiry Queen, 1, 2, e. 11, st. 49.
 
 12 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 
 
 " So prosper'd tlie sweet lass, her strength alone 
 Thrust deftly back the dislocated bone ; 
 Then cutting curious herbs, of virtue tried, 
 While her white smock the needful bands supplied, 
 VV^ith many a coil the limb she swathed around. 
 And nature's strength returned, nor knew the former wound." 
 
 I hid. 
 
 It was not until the year 1422 that any attempt was made to 
 interfere with women practising physic, by subjecting them to a. fine 
 of 40/., and imprisonment, but the Bill containing this prohibition 
 never had the eftect of an Act of Parliament. (Petyt's MSS. v. 33, 
 p. 140.) Comparatively modern times, and a profession of Paith 
 that wholly repudiates all belief in the continued existence of 
 miracles, at length set the seal to credulity, and capped the climax 
 of superstition. Whatever mysterious efficacy in Druidical times 
 may have attached to the mistletoe, when duly impregnated with, 
 the moon's propitious beam, cropped by sacred hands with a conse- 
 crated golden sickle, and reverently placed on white and holy 
 cloth, it lay garnered in the woodland sanctuary — and whatever 
 may at one time have been the supposed influence of the " incon- 
 stant moon" on human intellect or human affections, these, and 
 all other superstitions, pale before the National belief which, 
 under the name of the Service for the " Healing of the Sick," 
 disgraced the Book of Common Prayer until a comparatively recent 
 period, attributing to that " Divinity which doth hedge a king" a 
 remedial power, by the mysterious imposition of whose royal hands, 
 accompanied by the profanity of invoking the aid of sacred writ by 
 way of incantation, the sick recovered. 
 
 The following graphic description of the practice of touching 
 for the king's evil is thus referred to by Macaulay, in the third 
 volume of his "History of England" — the reign of William and 
 Mary. 
 
 " The days on which this miracle was to be wrought were fixed at 
 sittings of the Privy Council, and were solemnly notified by the 
 clergy in all the parish churches of the realm. See the Order in 
 Council of Jan. 9, 1GS3. When the appointed time came several 
 divines in full canonicals stood round the canopy of state. The 
 surgeon of the royal household introduced the sick. A passage 
 from the 16th chapter of the Gospel of St. Mark was read. When 
 the words ' They shall lay their hands on the sick, and they shall 
 recover,' had been pronounced, there was a pause, and one of the 
 sick was brought up to the king. His Majesty stroked the ulcers 
 and swellings, and hung round the patient's neck a white riband, 
 to which was fastened a gold coin. The other sufferers were then 
 led up in succession ; and as each was touched, the chaplain
 
 ANCIENT ORDERS OF THE MEDICAL PROFESSION. 13 
 
 repeated the incantation, ' They shall lay tlieir hands on the sick 
 and they shall recover.' Theu came the epistle, prayers, antipho- 
 nies, and a benediction. The service may still be found in the 
 prayer-books of the reign of Anne. Indeed it was not until some 
 time after the accession of George I. that the University of 
 Oxford ceased to reprint the Office of Healing together with the 
 Liturgy. Theologians of eminent learning, ability, and virtue, gave 
 the sanction of their autliority to this mummery, and, what is stranger 
 still, medical men of high note leUeved, or affected to oelieve, in 
 the balsamic virtues of the royal hand. We must suppose that 
 every surgeon who attended Charles II. was a man of high repute 
 for skill ; and more than one of the surgeons who attended 
 Charles II. has left us a solemn profession of faith in the king's 
 miraculous power. One of them is not ashamed to tell us that 
 the gift was communicated by the unction administered at the 
 coronation ; that the cures were so numerous and sometimes so 
 rapid that they could not be attributed to any natural cause ; and 
 the failures w^ere to be ascribed to want of faith on the part of the 
 patients ; that Charles once handled a querulous quaker, and made 
 him a healthy man and a sound churchman in a moment; that if 
 those wlio had been healed lost or sold the piece of gold which had 
 been hung round their necks, the ulcers broke forth again, and 
 could be removed only by a second touch, and a second talisman. 
 
 Tlie crowds which repaired to the palace on the days of 
 
 healing were immense. Charles II., in the course of his reign, 
 
 touched near a hundred thousand persons In 1682 he 
 
 performed the rite eight thousand five hundred times. In 1681 the 
 throng was such that six or seven of the sick w'ere trampled to 
 death. Jamrs, in one of his progresses, touched eight hundred 
 persons in the choir of the Cathedral of Chester. The expense of 
 the ceremony was little less than 10,000?. a year, and would have 
 been much greater but for the vigilauce of the royal surgeons, whose 
 business it was to examine the applicants, and to distinguish those 
 who came for the cXire from those who came for the gold." See the 
 preface to a Treatise on AVounds, by Kichard Wiseman, Sergeant 
 Chirurgeon to His Majesty, 1676. And further information is to 
 be found in the Clarisma Basilicon, by John Browne, Chirurgeon 
 in ordinary to His Majesty, 1684. See also. The Ceremonies used 
 in the time of King Henry VII. for the healing of them that be 
 diseased with the King's Evil, published by his Majesty's command, 
 1686 ; Evelyn's Diary, March 28, 1684 ; and Bishop Cartwright'a 
 Diary, August 28, 29, and 30, 1087. 
 
 William HI. seems to have not only discouraged, but to have 
 denounced the royal practice. " It is a silly superstition," he ex- 
 claimed on one occasion when he heard that his palace was besieged
 
 14. ANCIENT OBDERS OF THE MEDICAL PKOFESSION. 
 
 by a crowd of the sick, " Give tbe poor creatures some money, and 
 send them away." On one single occasion was he importuned 
 into laying his hand on a patient. " Grod give you better health," 
 he said, " and more sense." 
 
 Carte, in his History of England (pub. 1747), mentions a case of 
 one Christopher Lovell whom he saw at Bristol in I7l7, who had 
 recently been touched in Paris by the King in November, 1716, 
 from which moment his humour dispersed and his sores healed, till, 
 in the beginning of January, he was in perfect health. Dr. Lane, 
 an eminent physician, and Mr. Samuel Pye, a very skilful surgeon, 
 both of Bristol, mentioned the case as one, if not miraculous, at least 
 as one of the most wonderful events that had ever happened. 
 
 It would therefore appear that superstitious beliefs are not pecu- 
 liar to what some aifect to call the Dark Ages, nor yet are they 
 confined to the remote ages of antiquity, neither are they accom- 
 panied and sanctified by religious rites solely of a Druidical, 
 heathenish, or barbarous character.
 
 lo 
 
 CHAPTEE II. 
 
 MODEEN ORDERS OE THE MEDICAL PROrESSIOIf ; OR THOSE 
 ENTITLED TO BE REGISTERED UNDER THE MEDICAL ACT (1858). 
 
 TJp to the passing of the Medical Act (1858), 21 & 22 Vict. c. 90, 
 three orders of the medical profession were distinctly recognised, — 
 physicians, surgeons, and apothecaries. Chemists and druggists 
 also had, in the courts of law, met with a legal recognition as persons 
 who might make and vend medicines, and even compound them, 
 according to the prescriptions of a physician, or the directions of an 
 apothecary ; and they, as well as the dentists, have since received a 
 statutory status by the Medical and Pharmacy Acts, but not in any 
 sense as medical men. 
 
 The following institutions confer the qualifications entitling per- 
 sons to be registered as practising medicine, or surgery, or medicine 
 and surgery, as the case may be : — 
 
 1. The Eoyal College of Physicians of London. 
 
 And here it is desirable to give a short history of this College. 
 
 The Eoyal College of Physicians of London, or, as it is styled 
 under the new charter proposed to be granted in pursuance of the 
 47th section of the Medical Act, " The Eoyal College of Physicians 
 of England," enjoyed and still enjoys, under the statute 32Hen.YIIT., 
 c. 40, s. 3, the right of practising physic in all its branches, among 
 which surgery is specially enumerated. The law, therefore, permits 
 those constituting its body both to prescribe and compound medi- 
 cines, and as well to perform as to superintend operations in 
 surgery. 
 
 The exclusive power of the College is as follows : — By the 14 & 15 
 Hen. VIII., c. 5, reciting a royal charter of 10 lien. VIII., and which 
 is still in force, except as it may be inconsistent with their proposed 
 new charter and the Medical Acts, no one is permitted to practise 
 medicine (which includes surgery) within the London precinct — i.e., 
 within the City, and seven miles round it, without a license from 
 the College, under a penalty of 5Z. a month for every whole month 
 of such practising. 
 
 This right, at first rigidly exercised, at length fell almost into 
 abeyance. The College was unsuccessful, in the year 1829, in a suit 
 against one Harrison, reported in 9 BarnewaU & CressweU, 524,
 
 16 MODERN ORDERS OF THE MEDICAL PROFESSION. 
 
 since ■which no action for such unlicensed practising has been 
 brought. 
 
 The College has no special power to interfere with practice in the 
 country, but, as the 3 Hen. VIII., c. 11, distinctly forbids any one to 
 practise beyond the London precinct, whether as a surgeon or phy- 
 sician, unless duly licensed by the authorities of that day, and as the 
 14 & 15 Heu.VIII., c. 5 (reciting the charter of the College), expressly 
 forbids any one thenceforth to practise " through England until he 
 be examined and appi'oved at London by the President and three of 
 the elects of the College of Physicians (except he be a graduate of 
 Oxford or Cambridge)," any infringement, even of this enactment, 
 though no penalty is imposed by the Act, was a misdemeanour at 
 law, as was observed by Lord Denman in Collins v. Carnegie 
 (1 Adolphus & Ellis, 695). His Lordship said : " The statute, indeed, 
 imposes no penalty upon unlicensed practitioners beyond the seven 
 miles, but the prohibitory words are strong enough to make the prac- 
 tice unlawful." Such, therefore, might have been the subject of an 
 indictment. This restriction no longer exists even against unquali- 
 fied practitioners ; the power of the elects thus to examine and grant 
 letters testimonial having been repealed by the 5th section of the 
 Medical Act (1860). The College can, however, grant licenses 
 without restricting their licentiates from compounding and supplying 
 for gain the medicines they prescribe, and such is not an invasion of 
 the privileges of the Society of Apothecaries : Attorney- General v. 
 Tlie Royal College of Physicians, iJohnson & Hemming's Rep. p. 561. 
 The former division of the College was, until recently, into fellows, 
 licentiates, and extra licentiates, but now, under a bye-law of the 8th 
 August, 1859, licentiates who shall have been admitted licentiates 
 before the 1st of October, 1859, and extra licentiates under the bye- 
 laws enacted February 16th, 1859, and graduates in medicine who 
 shall be admitted licentiates before the 1st of March, 1860, under 
 the same bye-laws, shall, from and after October 1, 1859, be styled 
 members. The members are alone eligible to the fellowship, but 
 they must be of at least four years, standing, and not less than thirty 
 years of age, and have distinguished themselves in the practice of 
 medicine, or in medical or general science, or literature. All persons 
 who have been either licentiates or members during a period of 
 four years on the whole previously to October 1, 1863, shall be con- 
 sidered members of four years' standing. They are not eligible, 
 however, if they practise pharmacy, or practise physic or surgery in 
 partnership, so long as that partnership contiuues ; nor if they make 
 any engagement with any person for the supply of medicine from 
 which profit is derived, nor if engaged in trade. The members are 
 entitled to the use of the library and museum, and shall be admitted 
 to all lectures and enjoy other privileges, but they shall not be
 
 MODERN ORDERS OF THE MEDICAL PROFESSION. 17 
 
 entitled to any share in tlie government, nor to attend or vote at 
 general meetings of tlie cor])oration. And any person not engaged 
 in the practice of pharmacy, who shall have satisfied the College of 
 his knowledge of medical and general science and literature, may be 
 proposed to the College to receive a license to practise physic as a 
 member, provided he is twenty-five years of age. No candidate to 
 be admitted to examination who is engaged in trade, or practises in 
 any of those ways previously enumerated with respect to members. 
 Those licentiates who are not restricted from supplying medicines 
 to their patients (under a resolution of April, 1860) are entitled 
 to register under the Medical Act as licentiates. Such licen- 
 tiates are not members of the corporation. They must not, under 
 the bye-laws, compound or dispense medicines, except for patients 
 under their own care, nor are they permitted to assume the title of 
 Doctor of Medicine, or use any other name, title, designation, or 
 distinction implying that they are graduates in medicine of an Uni- 
 versity, unless they are such graduates in fact ; nor yet shall they, 
 by virtue of the license, represent themselves as fellows or members 
 of a College of Physicians. All classes, however, whether they be 
 termed fellows, members, licentiates, or extra licentiates, are now, 
 after registration, entitled to practise tin-oughout the Queen's 
 dominions. The following, though somewhat of a digression, may 
 yet be found interesting, and, perhaps, instructive ; and as those 
 styled members are now acknowledged as eligible for fellowships, 
 it is hoped, in the words of Mr. Willcock, " that the jealousy which 
 has for along time disturbed the harmony of this highly-respectable 
 profession will gradually abate," and let us add, "may totally cease." 
 
 It should be remembered that — as is truly said by Mr. AVillcock — 
 '' This College was instituted in a reign during which patents of 
 monopoly and exclusive privileges were daily granted, and more 
 frequently for the purpose of replenishing the exchequer, and enrich- 
 ing individuals by the profits of the monopoly, than in consideration 
 of the public welfare." (p. 36.) 
 
 It may here be observed that the order of candidates, as men- 
 tioned by Mr. AV'illcock, is not founded in any Act of Parliament or 
 charter, but was created by the bye-laws. They were not, there- 
 fore, as Mr, Willcock adnnts, " officers, or even members of the cor- 
 poration, but mere licentiates; and the admission into this class 
 amounted merely to a declaration of present intention, which 
 created no kind of obligation on the body to elect them into the 
 order of fellows." (pp. 43, 44.) 
 
 " It is evident," says Mr. Willcock, " that the charter so far 
 incorporated all persons of the same faculty of and in London 
 (the words of the original charter are, " onmesque homines ejusdem 
 lacultatis, de et in civitate pnedicta,") that every person on the 
 
 C
 
 18 MODERN ORDERS OF THE MEDICAL PROFESSION. 
 
 23rcl of September, in the tenth year of the reigu of Henry VIII., 
 falling within that description, was entitled to be admitted into the 
 association. Such of them as had availed themselves of this privi- 
 lege, and others subsequently admitted, are the persons described 
 by Act 32 Henry YIII. as commons and fellows." (s. 2.) " But 
 as to the persons who should afterwards enjoy that distinction, the 
 original charter, and all subsequent statutes, are silent." ( Willcock's 
 Laws Relating to the Medical Profession, p. 34.) 
 
 This opinion of Mr. "Willcock's is based upon a legal decision on 
 the point contained in re C. Stanger, M.D., 7 Term Eep. 283-295 
 (a.d. 1797), which was an application for a mandamus, commanding 
 the College of Physicians to examine the complainant as to his 
 qualification and fitness to be admitted into the said corporation, as 
 a member or fellow thereof. The affidavit in support of the rule, re- 
 ferred to 3 Hen. VIII., c. 1 l,and 14 & 15 Hen. VIII., c. 5. The appli- 
 cant was a doctor of physic of Edinburgh, and in 1796 had obtained 
 a license from the College to practise in London and its precinct. 
 The affidavits on the part of the College disclosed that a bye-law 
 "was made by the College in 1637, ordaining that no person should 
 be admitted a fellow unless he had performed all his exercises and 
 disputatious in one of our Universities without dispensation ; and 
 another was passed in 1751, which declared that the meaning of the 
 above words was, that no person should be admitted into the class 
 of candidates who was not a doctor of physic of Oxford or Cam- 
 bridge, or having obtained that degree in the University of Dublin, 
 has been incorporated into the University of Oxford or Cambridge ; 
 that Charles II., by a letter to the College in 1674, signified his 
 pleasure and directed the College not to admit any person who had 
 not had his education in either the University of Oxford or Cam- 
 bridge." The question was whether the bye-law was a reasonable 
 one, it being admitted that no notice should be taken of the letter 
 from Charles II. 
 
 Lord Kenyon (C.J.) considered that it was, but he added — " If 
 indeed, this {i.e. the taking a degree as before described) had been 
 a sine (/va non, and it had operated as a total exclusion of every 
 other mode of gaining access to ihe College, it would have been a 
 bad bye-law ; but these bye-la\\s jjoint out other modes of gain- 
 ing admission into the College. If Dr. Stanger has all those 
 requisites that qualify a person for that high station, any one of the 
 fellows may now propose him : he may apply to the honourable 
 feeling of tlie College, to the very same tribunal to which this 
 mandamus, if it were granted, would refer him : for at all events he 
 must submit to their examination and determination." Such 
 being the opinion also of the other members of the Court, the rule 
 for a mandamus was discharged.
 
 MODERN ORDERS OF THE MEDICAL PROFESSION. 19 
 
 In 17(59, a similar application had been made to the Court of 
 King's Bench by Dr. Edward Archer, to whom had been granted 
 in 1752, after the proper examination, a diploma to practise iu 
 London and within seven miles thereof. The Court refused the 
 application, upon the ground that a licentiate could show no title 
 to be admitted, as of right, a fellow, and a member of the corpora- 
 tion. (5 Burrows, 2710-2713.) 
 
 As was stated by Lord Mansfield in re Archer (ante), the statute 
 in question is only Vi iwivate Act, and the College is therefore to a 
 certain extent a private body : in it however were included, 
 originally, as before mentioned, all men of the same faculty of and 
 in the city of London, and this was for a long time thought to 
 afford sufficient grounds for contending that such a right of incorpo- 
 ration continued to exist, but in re Dr. Stanger, before referred 
 to, Mr. Justice Lawrence explained that "the intention of the 
 Crown was to incorporate the six persons named in the charter, and 
 all men practising physic at that time de et in civitate prcedictd, and 
 all those persons were entitled to admission ; but the Crown did 
 not intend to give any right to those who might thereafter become 
 hoviincs facnllatis, but intended that the succession should be con- 
 tinued by tlie powers incidental to all corporations to elect. Had 
 the charter incorporated nominatini, every man authorized to 
 practise physic in London, and given no directions as to the succes- 
 sion, they would have been authorized to continue themselves by 
 election as they have done, and the charter has done the same 
 thing in substance by incorporating the same persons by a general 
 reference to their character and situation." {lb.) " The president and 
 fellows," says Mr. Willcock, " constitute the community of this 
 College, being the only members of it." (p. 37.) 
 
 " The licentiates of the College," says the same authority, " who 
 may practise within the precincts of London, are of three orders : 
 fellows, candidates, and mere licentiates, of whom the last are alone 
 generally denominated licentiates." (p. 32.) 
 
 " The licentiates {i. e., the last named or mere licentiates) are 
 those who have only a license to practise physic within the precinct 
 of London." {Ih. p' 38.) 
 
 " The second class are those who have received that license, but 
 whose license also states that they are admitted to the order 'of 
 candidates." {lb. p. 38.) 
 
 " The third class are those who have received that license, but 
 whose license shovA's that they are admitted to the order of fellows. 
 This license has often been called a diploma, hut as it confers no de- 
 cree the word is not properly applied, according to its more strict 
 signification." {lb. p. 39.) 
 
 The common law has given every man a right to practise in any 
 
 C2
 
 20 MODERN OEDERS OF THE MEDICAL PROFESSION. 
 
 profession or business in wlaieh he is competent, and by the incorpo- 
 ration of the clause in the charter of Henry VIII., into the 14 and 
 15 Hen. YIII., c. 5, a statutory authority, viz., the College of 
 Physicians, ^Yas thenceforth made the judge of that competency. It 
 became, therefore, their duty to admit every one to practise in the 
 faculty who satisfied them of his competency, learning, and medical 
 knowledge, and, it may be added, integrity ; and if the College 
 refused to examine any applicant the Court of Queen's Bench 
 might issue a mandamus to compel the admission to examination of 
 such applicants. See the observations of Lord Mansfield in Dr. 
 Letch's case : 4 Burrows, 2186-2195 (E. T. 1767.) " There can 
 be no doubt," said his Lordship, " that the College are obliged, in 
 conformity to the trust and confidence placed in them by the Crown 
 and public, to admit all that are fit, and to reject all that are unfit." 
 
 Bye-laws have from time to time been made with a view of sub- 
 jecting the admission to the Order of Fellows to veiy arbitrary 
 rules ; and the validity of many of these bye-laws may fairly be 
 questioned, if only upon the ground of their unreasonableness. 
 
 The charter, subsequently embodied in the statute, merely in- 
 corporates the men of the faculty in and of London — and this is the 
 only qualification required by the charter — and the incidental power 
 possessed by every corporation of continuing itself, as intimated by 
 Mr. Justice Lawrence {ante) where no special mode is expressly 
 pointed out, it is the duty of the body to exercise as often as they 
 may think expedient. 
 
 In this corporation, therefore, upon the first principle of corpo- 
 ration law, tlie original fellows had, and their successors have, an 
 unfettered right to elect such persons as they may think proper to 
 perpetuate the corporation, provided only that they be men of the 
 faculty of and in London; and the persons so elected are entitled 
 to be admitted into the body, and if their right is disputed, to en- 
 force it by the aid of the Court of Queen's Bench. 
 
 The statute, in fact, rendered all men of the faculty of and in 
 London eliyilJe to the fellowship. If a bye-law goes the length of 
 saying that all men of the faculty of and in Loudon are not eligible, 
 it virtually afiects to repeal that clause of the Act. It is directly in 
 teeth of the statute. Neither is an examination of already approved 
 members required by the statute, and may indeed be well deemed 
 superfluous. If the legislature had deemed such an examination 
 necessary as a preliminary to eligibility for the fellowship they 
 ■would have mentioned it, as they have mentioned as necessary an 
 examination for licentiates : they deemed an examination necessary 
 for those from among whom the president was to be elected ; there- 
 fore they required it : and they further deemed it expedient that 
 country practitioners should be examined, and therefore they made
 
 MODERN ORDERS OF THE MEDICAL PROFESSION. 1^1 
 
 it a requirement. The px.imination is to secure the health of the 
 people against the ignorance or rashness of uneducated practitioners, 
 but this can have no reference to the distinguishing office of fellows, 
 who have already been examined for the membership. No doubt there 
 are peculiar qualifications required for that office, such as a reputation 
 for superiority among the other members of the profession, and that 
 knowledge of the world, and general acquaintance with the manners 
 of medical men, which might render them particularly capable of 
 judging of the rules necessary for the regulation of the conduct 
 of medical practitioners. The only reasonable ground of admission 
 of one man above auotlier is that the existing fellows have long ob- 
 served his conduct, in the course of his professional career, and that 
 from such observation they are induced to consider him peculiarly 
 qualified to become an example to his professional brethren, and to 
 take a share in the " oversight and correction of the men of the 
 faculty within the precinct of London." 
 
 The original act of incorporation gave the fellows, no doubt, an 
 . unrestricted right of electing whom they pleased, limited only by 
 the profession of the elected, but it gave them no power to place a 
 limit upon the eVujibiliUj of candidates, by restricting it to any 
 persons in particular, or by excluding others not excluded by the 
 statute. As no person can acquire any inchoate right of admis- 
 sion into the order of fellows, so no person can be excluded by any 
 unreasonable bye-law, neither can the existing fellows be restrained 
 by the bye-laws from electing into their number any persons they 
 may so wish to distinguish. No academical degree of any kind is 
 necessary for election to a fellowship, although at one time tlie 
 statutes of the college required that every candidate, even for the 
 license, should have received the degree of doctor of medicine, after 
 two years' residence in some academy for the purpose of studying 
 physic, but this is virtually delegating the powers of judging of 
 the candidate's competency and proficiency to a body unconnected 
 witli the College, which cannot be done, so that it might be difficult 
 to sustain such a bye-law. At all events it has long since been 
 abandoned, and any persons who have been elected members are now 
 acknowledged to be eligible for the fellowships. 
 
 It is unnecessary to refer to the highly penal, and indeed quasi- 
 criminal jurisdiction, at one time claimed and exercised by the 
 College over those practising without its license, except to mention 
 it as a tiling of the past. In Dr. Bonham's case, 8 Coke, 107-114< 
 (M. T. 6 Jac. I.) the College assumed, not only to punish by fine a 
 doctor of physic of Cambridge University, for practising in London 
 without license of the College, but to commit him to prison, without 
 bail or mainprize, for disobedience. But Chief Justice Coke 
 observed " that none can be punished for practising physic in
 
 22 MODERN ORDERS OF THE MEDICAL PROFESSION. 
 
 London but by forfeiture of 51. by the mouth — and if any practise 
 physic there for less than a month, he shall forfeit nothing." And 
 it was further resolved by the Court, consisting of three judges, 
 " that the clause which gives power to the censors to fine and 
 imprison doth not extend to the clause, ' quod nemo in dicta 
 civitate, &c., exerceat dictam facultatem, &c.,' but extends only to 
 punish those who practise physic, &c, ' pro delictis suis non bene 
 exequendo, faciendo, et utendo facultate medicinse, by fine and im- 
 prisonment,' so that the censors have not power by the letters patent 
 and the Act to fine and imprison any for practising physic in 
 London, but only for ill and not good use and practice of physic." 
 
 Several cases occurred in early times in which the power of im- 
 prisonment was exercised by the College for malpraxis, but in 
 almost, if not all these cases, the defendants upon being brought 
 up by habeas cor])us were discharged upon some technicality, and in 
 the case of Dr. Alphonso, 2 Buls. 259 (M. T. 12 Jac. I.), and 
 Dr. Greenoelt, 1 Lord Eaymond, 213, 214 (E. T. 9 Wm. III.), 
 the defendants were pardoned by the king. It might be a matter 
 of regret that this summary jurisdiction over malpractitioners should 
 have fallen into desuetude, were it not that the courts of criminal 
 jurisdiction are now sufficiently alive to their duties in dealing with 
 all such cases ; but with regard to civil cases and vexatious inter- 
 ference, some words of reproof, that fell from Lord Kenyon in 
 Dr. Stanger's case, it might be as well even now to remember. 
 " By what fatality," said the learned judge, " it has happened, that 
 almost ever since this charter was granted this learned body have 
 been in a state of litigation, I know not ; indeed I cannot see what 
 these parties are contending for that is worth the expense and 
 anxiety attending this litigation." And again, in the case of Archer 
 and Fothergill, before referred to, Lord Mansfield, speaking of the 
 College of Physicians, said, " I have foreseen the labyrinth and maze 
 of litigation that this learned body would be involved in by per- 
 sisting rigidly on both sides in pursuing the points of their dispute, 
 and contesting about a feather. I have read over all their constitu- 
 tions, statutes, and bye-laws, and many of them appear to be 
 narrow, if not illegal." 
 
 As under the new medical Acts the powers of the College are 
 most materially abridged, it is to be hoped that it will be found not 
 inconsistent with their dignity to accept the advice tendered by- 
 Lord Mansfield in Dr. Letch's case, the report of which thus con- 
 cludes, " His lordship concluded with a recommendation to the 
 College to settle all other matters amongst themselves, without coming 
 to this Court : at the same time intimating to them a caution against 
 narrowin(j their grounds of admission so much, that even if a 
 Boerhaave should be resident here, he could not be admitted into
 
 MODERN ORDERS OF THE MEDICAL PROFESSION. 23 
 
 their fellowship." More than a century ha3 elapsed since these 
 words were pronounced, it is to be hoped not without effect. 
 
 2. The College of Fhysicians of J^diiiLiayh.— According to a 
 clause in tlieir charter, a.d. 16S1, and ratified by an Act of the 
 Scottish Parliament on the 16th June, 1GS5, it would appear that 
 the fellows and licentiates of this college are entitled to practise 
 medicine only, and not surgery. The rights of the surgeon- 
 apothecaries of Edinburgh are expressly reserved by the charter. 
 The fellows, members, and licentiates are all entitled to registra- 
 tion, and, by the 47th section of the Medical Act, " within twelve 
 months of the granting a new charter " to the College of Physi- 
 cians of London, "any such fellow, member, or licentiate, who 
 may be in practice as a physician in any part of England, and who 
 may desire to become a member of such newly-styled College of 
 Physicians of England, may do so, and be entitled to receive the 
 diploma of such College accordingly, on the payment of a fee of 2Z. 
 
 3. Kinfs and Queen's College of Physicians, Ireland. — This 
 College, and Trinity College, Dublin, form conjointly the " School of 
 Physic " of Ireland. AVhether the qualification of an Irish physi- 
 cian extends to the practice of surgery and pharmacy is uncertain. 
 The fellows and licentiates are entitled to registration. This 
 College is entitled to the same privileges under the 47th section, as 
 above, as is the College of Physicians of Edinburgh. 
 
 4. College of Surgeons of England.— 'Y\ie c^uaYx'ac^iixon conferred 
 by this College is to practise surgery only, but s\irgery includes 
 medical treatment as ancillary to the removal of surgical complaints. 
 (Allison V. Ilaydon, 3; Carrington and Payne, 246; Proud v. 
 Mayall, 3 ; Dowling and Lowndes, 531.) As midwifery is no branch 
 of the medical art, and any one may practise it, from the very neces- 
 sity of the case, it is questionable how far the bye-law which 
 excludes fellows of the College from practising it is lawful. Fellows 
 and members are entitled to registration. 
 
 By 18 G-eo. II., c. 15, members of this College might, even before 
 the Medical Act, practise in all parts of the empire. Under their 
 charter (Charles II.) confirmed by the above Act, they still possess 
 an exclusive right of practising surgery within the London precinct, 
 as against those who are not qualified so to do. The penalty is 57. 
 a month, and every person not qualified' in surgery is liable to the 
 same penalty for practising surgery in any part of England or 
 "Wales. It is needless to say even this penalty is never enforced. 
 
 Licentiates in*j\Iidwifery of this College, by becoming registered, 
 possess now for the first time a parliamentary recognition, and a 
 legal right to recover their fees, but they have no exclusive 
 privileges. 
 
 5. College of Surgeons, Edinhurgh. — The parliamentary ratifica-
 
 24* MODERN ORDERS OF THE MEDICAL PROFESSION. 
 
 tion of the patent of "William and Mary gave to the fellows and 
 licentiates of this College the right of practising pharmacy in 
 addition to surgery. If irrespective of this Parliamentary title the 
 right incidentally flows from their qualification of surgeon, they 
 may be able legally to practise medicine in England, notwithstanding 
 the Apothecaries Act. The exclusive powers of this corporation 
 which still exist as against unqualified persons, extend over the 
 counties of Edinburgh, Linlithgow, Haddington, Eife, Peebles, 
 Selkirk, Roxburgh, and Berwick. Fellows and licentiates are 
 entitled to registration. 
 
 6. The Faculty of Fhysicians and Surgeons of Glasgoiv. — This 
 body is, by its charter granted by James VI. in 1599, and ratified in 
 1672, notwithstanding its name, only a College of Surgeons. The 
 exclusive rights of this College were given up in 1850, when by 
 13 Vict. c. 20, s. 2, fellows and licentiates were " to enjoy the same 
 status and privileges as if the said faculty had been specially autho- 
 rized by law to grant licenses and diplomas in surgery, conferring 
 the same status and privileges as those conferred by any corpora- 
 tion or Eoyal College in Scotland." If the effect of this clause be 
 to place the faculty on the same footing as the College of Surgeons 
 of Edinburgh, Grlasgow Surgeons will be entitled to practise 
 medicine also throughout her Majesty's dominions. Eellows and 
 licentiates are entitled to registration. 
 
 7. FeJloics or Licentiates of the Eoyal College of Surgeons, 
 Ireland. — This corporation has no exclusive privileges, except that 
 its members alone could be appointed surgeons to a county infir- 
 mary. AVhether these surgeons could combine the practice of 
 medicine with surgery is somewhat doubtful, but the better opinion 
 is that they could not without a license from the Apothecaries 
 Hall, Dublin. The fellows and licentiates of this College are 
 entitled to registration. 
 
 8. Society of Apothecaries, London. — Although throughout the 
 Medical Act, pharmacy, as a branch of practice, is nowhere men- 
 tioned, the only two branches of practice enumerated in section 31 
 being " Medicine" and " Surgery," yet Licentiates of the Society of 
 Apothecaries, London, and Licentiates of Apothecaries Hall, Dublin, 
 are mentioned in schedule, A as persons duly qualified to practise 
 medicine if registered accordingly. The apothecaries, or rather the 
 grocers, had their own share of medical practice, such as it was, 
 long before the distribution of the medical faculty into physicians 
 and surgeons. The grocers, or potecaries, as they are indifferently 
 termed, formed one of the ancient companies of the city of London ; 
 and it was only in the 13th year of James I. that they were formed 
 into two distinct corporations. Even from this period the apothe- 
 caries were at liberty to sell physic throughout the rest of the
 
 MODERN ORDERS OF THE MEDICAL PROFESSION. 25 
 
 kingdom, provided tliey had served an apprenticeship of seven years, 
 and thereby become freemen of the Company. They had from a 
 very early period occasionally prescribed the medicines which they 
 sold, thus trespassing on the province of the physician, as it was 
 thought, until the House of Lords in the case The College of 
 Physicians v. 'Rose, decided in favour of their practice, since which 
 they have continued to do so unmolested. It was, in consequence 
 of this decision, thought at length desirable to provide more 
 effectually for the education of this branch of the faculty, and 
 therefore by 55 Geo. III., c. 191, every one practising as an apothe- 
 cary in any part of England or Wales without a certificate from the 
 Company is liable to a penalty of 20?., and this clause has operated 
 as an exclusion against all persons (except physicians) from 
 practising medicine accordingly, the penalty having been actively 
 enforced. The exclusion will be powerless in future against Irish 
 apothecaries, and possibly against Scotch surgeons ; but remains 
 in full force against all unqualified persons practising as apothecaries 
 in England and Wales. The licentiates of the Apothecaries Com- 
 pany, upon being registered as such, are now enabled to practise in 
 all parts of her Majesty's dominions. 
 
 9. Apothecaries Hall, Dublin.— This company was first incorpo- 
 rated by royal charter in 17^5, having up to that time been an un- 
 incorporated civic guild. In 1791 they obtained an Act of further 
 incorporation, the 31 Greo. III., c. 34. They claim the following 
 privileges : the right to charge for professional attendance as well 
 as for medicine ; the exclusive right to keep shop for dispensing and 
 compounding medicine under a penalty of 20/., and many other rights 
 and immunities, which so far as they relate to the selling, compound- 
 ing, or dispensing medicines, are expressly reserved to them by the 
 55th section of the Medical Act, and therefore their penalty still 
 remains in force against unqualified persons. If, as is stated, the 
 Irish apothecary may legally practise surgery, his registered qua- 
 lification will in such case permit him to practise physic and 
 surgery throughout the empire. Licentiates are entitled to regis- 
 tration. 
 
 10. Universities.— -The degree ]\I.D., orM.B., L.INL, or Master in 
 Surgery of any University in the United Kingdom. The first 
 three of these degrees clearly give the possessors a right of pre- 
 scribing in medicine. Whether the Mastership in Surgery limits 
 its possessor to purely surgical practice might be a question, were 
 it not that at Cambridge at least (and this may also apply to the 
 Irish diploma or License in Surgery) the candidate must have 
 passed all the examinations required for the degree of Bachelor of 
 Medicine, besides having attended lectures on surgery and attended 
 during three years hospital surgical practice, and have been house-
 
 2G MODERN ORDERS OF THE MEDICAL PROFESSION. 
 
 surgeon or dresser for at least six months at such hospital. As 
 such a practitioner, having already passed the examinations for the 
 degree of M.B., usually, when arrived at sufficient standing, pro- 
 ceeds to take it, the practical solution of the question would scarcely 
 be likely to occur, as under sec. 30 he could have his further quali- 
 fication inserted in the register in addition to his previous surgical 
 one. As the restriction of the College of Physicians, England, has 
 been neglected, and indeed is inconsistent with the general right to 
 practise under this Act, these graduates may be said to have the 
 right of practising throughout the Queen's dominions, London and 
 its precincts even, by courtesy not excepted. By the Medical 
 Graduates Act, 1S54 (17 and 18 Vict., c. 114), every iVI.B. and M.D. 
 of the University of London is entitled to practise physic as fully 
 in all respects as every MB. or M.D. of Oxford and Cambridge is 
 entitled by virtue of his degree, or under any power, license, or 
 authority conferred by either of the last-named Universities, such 
 privileges however not to extend to the practice of surgery, pliar- 
 macy, or midwifery. By sec. 53 of the Medical Act, the Medical 
 Graduates Act remains in full force, notwithstanding the surrender 
 of the therein recited charter of the University of London, and the 
 granting of the existing charter, or the future determination of it, 
 or any future charter. A medical graduate of London, if he pos- 
 sesses no further registered qualification, can only prescribe medicine 
 in the same way as any M.D. or M.B. of Oxford or Cambridge, and 
 does not possess the full privileges of the Eoyal College of Physi- 
 cians of England in treating cases of surgery, or in compounding 
 his own medicines. Neither can he practise in midwifery, except 
 as it is apprehended any one may practise it, as being the 
 superintendence and assistance sometimes required, even in a 
 natural and healthy function, and from the necessity of the case. 
 Licentiates in midwifery of the College of Surgeons, London, are 
 specially recognised by the Act, and though they exclude no one 
 else, they have a Parliamentary right to recover as such, which it 
 would appear the M.B. or M.D. of London would not have, being 
 expressly interdicted by the above statute. 
 
 Medical graduates of Durham have alsoa right to practise medicine. 
 
 The five universities of Scotland all have the power of granting 
 M.D. degrees, and therefore such graduates have the right of prac- 
 tising medicine ; as also Trinity College, Dublin. 
 
 None of these universities have any exclusive power, and their 
 medical graduates upon being registered are now entitled to prac- 
 tise in medicine throughout her Majesty's dominions. 
 
 11. Doctor of Medicine hy Doctorate, granted before tlie passing of 
 the Act, hy the Archbishop of Canterbury. — This limitation does not 
 interfere with the power of the Archbishop to continue to grant
 
 MODERN ORDERS OF THE MEDICAL PROFESSION. 27 
 
 such degrees as a purely Iwnorarij distinction, but they will not be 
 any longer recognised as a qualification for practice. They have 
 hitherto but seldom been granted to others than those who had 
 already achieved a reputation in a lower walk of the profession, and 
 who perhaps were too far advanced in life to commence afresh 
 an academical course of study. They are at least more respectable 
 than many foreign degrees, and may still be bestowed, perhaps 
 upon retiring successful practitioners, as a mark of honourable 
 recognition of a useful and prosperous career. Those possessing 
 them at the time of the passing of the Act are rendered eligible for 
 registration. 
 
 12. Doctors of Medicine of Foreign and Colonial Universities or 
 Colleges practising as Physicians in the United Kingdom before the 1st 
 of Octoler, 1858. — All such who were practising as physicians in 
 the United Kingdom before 1st of October, 1858, who shall produce 
 certificates to the satisfaction of the Council of their having taken 
 the degree of Doctor of Medicine after regular examination, or who 
 shall satisfy the Council, under sec. 16, that there is a sufficient 
 reason to dispense with any of the provisions of the Act in their 
 particular cases, are entitled to be registered. The Act gives to the 
 Council this dispensing power in favour of " persons practising 
 Medicine or Surgery, within the United Kingdom, on foreign or 
 colonial Diplomas or degrees, before the passing of this Act ;" but 
 in schedule A no mention is made of those practising " surgery on 
 foreign diplomas," but this defect is cured by the words " and also" 
 being used in sec. 46. This dispensing power is also extended to 
 the cases of those who have been surgeons, or assistant-surgeons in 
 the army or navy, militia, or East India Company, or are acting as 
 surgeons in the public service, or the service of any charitable insti- 
 tution ; and, as far as the Council shall deem expedient, in favour 
 of medical students who had commenced their professional studies 
 before the passing of the Act. 
 
 And by 22 Yict. c. 21, s. 6, any person not a British subject, 
 having any foreign University Degree or Diploma of Doctor of 
 Medicine, who shall have passed the regular examinations entitling 
 him to practise medicine in his own country, may still act as 
 medical officer or resident physician of any hospital established ex- 
 clusively for the relief of foreigners in sickness. Such person, how- 
 ever, is not to act in any other medical practice. 
 
 The following persons, in addition, are entitled to registration : — 
 By the 17th section of the Act, " Any person who was actually 
 practising medicine in England before the 1st August, 1815, shall 
 on payment of the requisite fee be entitled to be registered, on pro- 
 ducing to one of the registrars a declaration to the eftect that he 
 was practising as a medical practitioner at a certain place before the
 
 28 MODERN ORDERS OF THE MEDICAL PROFESSION. 
 
 day above-mentioned. This section is a continuation of the ex- 
 emption in the Apothecaries' Acts, whereby all persons in practice 
 as apothecaries on 1st of August, 1815, are relieved from the penalty 
 imposed on every one else (saving the rights of physicians) for 
 practising as apothecaries in England and Wales without a certifi- 
 cate, and such persons alone are withia the scope of this section. 
 As 55 years have all but elapsed since August, 1815, there cannot 
 in the course of nature be many now on the register under this 
 section.
 
 29 
 
 CHAPTER III. 
 
 EIGHTS, PRIVILEaES, AND IMMUNITIES OF DULT-EEGISTEEED 
 MEDICAL PEACTITIONERS. 
 
 By the 31st section of the Act, " Every person registered under 
 the Act shall be entitled according to his qualification or qualifica- 
 tions to practise medicine or surgery, &c." ..." and to demand 
 and recover in any court of law, with full costs of suit, reasdnable 
 charges for professional aid, advice, and visits, and the cost of any 
 medicines, or other medical or surgical applications rendered or sup- 
 plied by him to his patients." 
 
 Although at common law a physician could maintain no action 
 for his fees unless by special contract, now by the above section a 
 general right of action is given to all registered practitioners ; and 
 a physician may now, if registered, maintain an action for atte'udance 
 since the passing of the Act, without proof of any express contract 
 or implied understanding with the patient that he should be paid. 
 Gibbon v. Budd. 32 Law Journal (Exch.) 282. 2 Hurlstoue and 
 Coltman, 92. 
 
 It appears from the report of the case that the Hoyal College of 
 Physicians has availed itself of the proviso contained in the same 
 section, and has passed a bye-law tliat no Eellow of the College 
 shall be entitled to sue for his fees, but this does not include onem- 
 hers. If surgery be included in the qualification of a member of 
 any college of physicians, as in the case of the English College, he 
 would, it appears, be entitled to charge also for his services in sur- 
 gical cases as well as in pharmacy, when, as in the case of licen- 
 tiates of the same College of Physicians of England, he may even 
 compound and sell the medicine he prescribes, such privileges being 
 reserved to the College, and wliere no restriction is contained in the 
 licenses granted by it. — Attorncj-General \. Boyal College of Phy- 
 sicians (ante). 
 
 English Suegeons, etc. 
 
 The various statutes which relate to the capacity of medical prac- 
 titioners to sue are superseded, though not repealed, by the Medical 
 Act. 
 
 It is almost needless to observe that at this distance of time an
 
 30 EIGHTS, PRIVILEGES, AND IMMUNITIES OF 
 
 action is not likely to be brought for medical attendance, &c., given 
 before the Act passed, otherwise it would not be necessary to prove 
 registration in order to recover in such action. Wright v. Green- 
 royd. 31 Law Journal (Q. B) 4. And further, it has been decided 
 in Turner v. Eeynall, 14 Common Bench, N. S. 328, agreeing with 
 the Irish Court of Exchequer in HafEeld v. Mackenzie, 10 Irish 
 C. L. Eep. 289, that it is sufficient that the plaintiff be registered 
 at the time of trial, although after the attendance, and even after 
 action brought. If two medical practitioners are in partnership, 
 and one alone is duly registered, they can jointly maintain an action 
 for services rendered by the firm. Per Erie, C. J., and Byles, J., in 
 Turner v. Eeynall, supra. Section 82, which gives no right of re- 
 covery of any charge of any kind unless the claimant prove that he 
 is duly registered, is not confined in its operations to actions 
 against the patients themselves, but extends to a case where a third 
 person had guaranteed payment for medicine, &e., or is primarily 
 liable for it as supplied on his credit. So a medical practitioner, 
 engaged by another to attend his patients in his absence, cannot 
 recover tlie price of his services without proof of his registration 
 -De la Eosa v. Prieto, 33 L. J. (C. P.) 262— but an unregistered 
 assistant may recover his salary from a registered practitioner. S. C. 
 per Cur. Even in the case of a promissory note given to plaintiff 
 for medical attendance, in order to show consideration plaintiff 
 must prove registration. Blogg v. Pinkers, Eyland and Moody, 125. 
 Where the register specifies the department of practice, in respect 
 of which the plaintiff is registered or qualified to practise questions 
 may arise similar to those under the former Acts, e.gt., as to whether 
 a person registered as qualified to practise as a surgeon can recover 
 for attendance as a physician or apothecary. See Allison v. Haydon, 
 4 Bingham, 619 (in which it was held that a certificated surgeon 
 could not recover for attending a patient in a fever without a certifi- 
 cate from the Apothecaries Company). See also sections 30 and 31, 
 under which a man registered with an inferior qualification, and 
 having since obtained a higher one, may have that higher one added 
 to his inferior qualification, and may then sue according to his 
 newly-inserted qualification, in addition to his former one, provided 
 his new and additional qualification is inserted in the register before 
 action brought. Turners. Eeynall {ante). 
 
 It is as well that it should be known that the superintendent of 
 a railway station cannot, without express authority, make, the com- 
 pany liable for a surgeon's bill for attendance upon a person injured 
 by an accident on the railway : Cox v. Midland Counties Eaihvay, 
 3 Exch. Eep. 268 ; but then, should the sufferer succeed against the 
 company, the surgeon's bill would be paid out of the damages 
 obtained, as such is always allowed in damages {ih. per Baron
 
 DULY REGISTERED MEDICAL PRACTITIONERS. 31 
 
 Parke) ; but money paid to a medical man for a report on the plain- 
 tift^'s coTidition would not be allowed in damaj^es : Deer v. London, 
 Brighton, & South Coast liaihvay, Jan. 28, 1S70 (Q.B., cora;« Jus- 
 tices Blackburn and llannen). If the defendant has received no 
 benefit in consequence of the plaintifTs want of skill, it stands to 
 reason the latter cannot recover : Kennen v. McMullen, Peake, 
 N. P. 59 ; Duffit V. James, cited 7 East. 480. But, on the other 
 hand, the remuneration of a practitioner who has used due skill 
 and diligence does not depend on his effecting a cure. If the 
 operation performed by a surgeon miijht have been useful though it 
 has failed in the event, he is entitled to recover ; but otherwise if 
 it could have been useful in no event. Per Baron Alderson, in Hill 
 V. Peatheratouhaugh, 7 Bingham, 574. 
 
 Apothecaeies, 
 
 As licentiates of the Society of Apothecaries may be regis- 
 tered, under schedule A as entitled to practise medicine, it is 
 necessary briefly to consider the extent of their qualification and 
 the amount of remuneration to which they are entitled. It was for 
 some time considered, in consequence of a suggestion which pro- 
 ceeded from Lord Tenterden, in 1830: Ilanhy \. Ilenson, -L Car. & 
 P. 110, that the charge of two shillings and sixpence each for atten- 
 dances, besides his charges for medicine, was the legal charge for an 
 apothecary, but it seems that all that Lord Tenterden submitted to 
 tlie jury was the reasonableness of such a charge, and that, subject 
 to the opinion of a jury as to what is reasonable or unreasonable in 
 each particular instance, an apothecary can make what reasonable 
 charges he pleases for attendance in a medical case (INIorgan v. Hal- 
 len, 3 Nevill & Perry, 498). Of course the custom of the profession 
 would be taken into consideration in this as in every disputed 
 demand made under any registered qualification, subject to the 
 reasonableness of the charge. 
 
 The production of the certificate of a licentiate of the Apothe- 
 caries Society shall be sufficient proof that the party named therein 
 has been, from the date of the certificate, duly qualified to practise : 
 14 & 15 Vict. c. 99, s. 7. This and proof of his registration under 
 the new Act (extended by 23 & 24 Vict. c. 7, to 1st January, 1861), 
 or, it is apprehended, registration alone, the registrar having satis- 
 fied himself of the qualification (s. 2(5) will be suflicient to entitle 
 him to recover. If he possesses only a suburban license and has 
 infringed the law of his own society by practising without further 
 permission within the Loudon precinct, he may be fined by the 
 society ; but that is a matter of only fiscal regulation between the 
 society and its members : Young v. Genger, 6 C. B. 541.
 
 32 EIGHTS, PRIVILEGES, AND IMMUNITIES OF 
 
 SUMMABY. 
 
 The different qualifications entitling their possessors to recover at 
 law their fees accordiug to their respective qualifications : — 
 
 Fellows of the Boyal College of Physicians of London are bound 
 by a bye-law of their College by which they are not entitled to sue 
 for their fees. 
 
 Memlers, Licentiates, and Extra Licentiates of the College may 
 sue for their fees in medicine and surgery ; and, where not other- 
 wise prohibited (as members), they may also recover for pharmacy and 
 medicine compounded by themselves, and supplied to their patients. 
 
 Fellovcs, Meinhers, and Licentiates of the Boyal College of Phy- 
 sicians of Edinburgh are entitled to sue for their fees in medicine. 
 
 Felloios and Licentiates of the King's and Queen's College of Phy- 
 sicians of Ireland are entitled to sue for their fees in medicine. 
 "Whether they could recover them in surgery and pharmacy is un- 
 certain. The question must mainly depend on tbeir charter, granted 
 by William and Mary in 1692. 
 
 Fellows and Menihers of the Royal College of Surgeons of England 
 may sue for their fees in surgery cases, and also for medical treat- 
 ment, if ancillary to the removal of the surgical complaint. 
 
 Licentiates in midwifery of this College can also sue for their fees 
 in midwifery cases, and also, perhaps, for medical treatment, if an- 
 cillary to midwifery cases. 
 
 Fellows and Licentiates of the Royal College of Surgeons of Edin- 
 hurgh can sue for their fees both in surgery and pharmacy (by their 
 charter), and in medicine as ancillary to their attendance on surgery 
 cases. 
 
 Fellows and Licentiates of the Faculty of Physicians and Surgeons 
 of Glasgow can sue for fees both in surgery and pharmacy, but the 
 bodv is, by its charter, notwithstanding its name (granted by James 
 yi. in 1599), only a College of Surgeons, yet the former observations 
 respecting medical fees are applicable to this institution also. 
 
 Fellows and Licentiates of the Royal College of Surgeons of Ire- 
 land can sue for their fees in surgery, but it is thought not in phar- 
 macy. The above remark on medical fees applies here likewise. 
 
 Licentiates of the Society of Apothecaries, London, can sue for 
 fees for medical attendance, as well as for the price of their 
 medicine. Their exclusive privilege, extending over England and 
 AV^ales, will enable them still to enforce a penalty of 20/. as against 
 all unqualified persons. 
 
 Licentiates of Apothecaries' Hall, BuUin, can sue in the same 
 way as Licentiates of the Society of Apothecaries, London, and if, 
 as is stated, they can legally practise surgery, they may, in addition, 
 sue for surgical fees, but there is no evidence of this latter right.
 
 DULY REGISTERED MEDICAL PRACTITIONERS. 33 
 
 Their penalty of 20/. can still be enforced within their jurisdiction 
 against all unqualified persons. 
 
 Doctors, Bachelors, and Licentiates in Medicine of Oxford or Cam- 
 Iridge University can sue for their fees in medicine. 
 
 Masters in Surgery of either University , or those possessing the like 
 diploma in Surgery of any University in the United Ki/agdom entitled 
 to grant the same, can sue for their fees in surgery, and probably 
 in medicine ; but the latter is doubtful except as ancillary to surgical 
 treatment. 
 
 Doctors and Bachelors of Medicine of the University of London can 
 
 sue for their medical fees alone, but are expressly forbidden by the 
 
 Medical Graduates Act to practise surgery, pharmacy, or midwifery. 
 
 Medical Graduates of Durham University can sue for their fees in 
 
 medicine. 
 
 So can those of Trinity College, Duhlin. 
 
 And all the Doctors of Medicine of the five Scotch Universities. 
 These Universities do not grant the lower degree of Bachelor of 
 Medicine. 
 
 Doctors of Medicine hy Doctorate, granted hefore the passing of 
 the Act hy the Archbishop of Canterhury, can sue for their medical 
 fees. 
 
 Also Doctors of Medicine of any foreign or colonial University or 
 College, registered with the sanction of the Medical Council, can 
 sue for their fees in medicine, if they had, previous to the passing 
 of the Act, been practising in the United Kingdom as physicians. 
 
 Likewise Surgeons, loho, previous to the passing of the Act, had 
 practised in the United Kingdom on foreign or colonial diplomas, may 
 sue, under similar circumstances, for their surgical fees, including 
 ancillary medical attendance. 
 
 And, those who have held appointments as Surgeons or Assistant- 
 Surgeons in the Army, Navy, Militia, or the East Lndia Company, or 
 are acting as Surgeons in the public service, or in the service of any 
 charitable institution, may sue for their fees as surgeons, in like 
 manner as above, and under similar circumstances. 
 
 " Any person who icas actually practising medicine in England 
 before the \st day of August, 1815," can sue for his fees as au 
 apothecary. 
 
 There is a large class known in non- professional language as 
 " general practitioners," who, upon becoming registered in the 
 double qualification, if they possess it, of surgeon and apothecary, 
 enjoy the right of both classes of practitioners, and, indeed, any 
 physician, it is presumed, if not forbidden by the bye-laws of his 
 College, or any University medical graduate, may be registered in all 
 three qualifications, should he possess them. If, however, he 
 should claim them in right of his medical degree or diploma, it 
 
 D
 
 34 RIGHTS, PRIVILEGES, AND IMMUNITIES OF 
 
 would be incumbent upon him to prove his right by virtue of the 
 chartered constitution of his University or College. 
 
 Medical graduates, if elected members of the College of Phy- 
 sicians of London, of course enjoy all the privileges of that position, 
 viz., of practising, if they think fit, in every branch of physic, 
 though not in pharmacy, v^-hen by virtue of their mere medical 
 degrees, they would be under limitations, varying according to the 
 charters of their respective Universities. If further elected to the 
 fellowships, they could no longer be able to recover their fees, being 
 bound by the bye-law to that efiect. 
 
 General Observations. 
 
 Surgeons, being expressly excepted in the Apothecaries Act, have 
 nevertheless, as before mentioned, been declared as entitled by law 
 to administer medicines as ancillary to the removal of surgical com- 
 plaints. Allison V. Haydon, 3 Carrington & Payne, 2i6 ; and 
 Proud V. Mayall, 3 Dowling & Lowndes, 531. " The mere fact of 
 the surgeon having supplied medicine, does not necessarily show 
 that he practised as an apothecary, for a surgeon may lawfully do 
 that if the medicines have been administered in the cure of a 
 surgical case. But on the other hand, if a surgeon takes upon 
 himself to cure a fever, he steps out of his lawful province, and is 
 not authorized to administer medicine in such a case." Per 
 Mr. Justice Cresswell in Apothecaries Company v. Latinga, 
 2 Moody & Robinson, 495. See also Simpson v. Ealfe, 4 Tyrwhitt, 
 325. In all the cases the judge has always decided the nature of 
 the practice, leaving it for the jury to say in what character the 
 practitioner had acted. Thus in Allisan v. Haydon, Chief Justice 
 Best ruled that typhus fever was a medical, not a surgical case. 
 " The pestilence, syphilis, and such other contagious diseases," have 
 been declared (in England) by 32 Hen. VIII. c. 42, to be surgical 
 cases ; also " letting of blood and drawing of teeth," in a word, 
 " wounds, ulcers, fractures, dislocations, tumours " (charter of 5 
 Car. I., confirmed by 18 Geo. II., c. 15). In Battersby v. Lawrence 
 (I Carrington & Marshman, 277), which related to a case of dropsy, 
 the judge remarked, " It is said that the case was a surgical one ; 
 but not so altogether." Small-pox, according to the legislative 
 definition before mentioned, would appear to be a surgical as well 
 as a medical case, it being both contagious and infectious. But 
 after all, the real question is, as put to the jury by Lord Tenterden 
 in the Coll. of Physicians v. Harrison, a.d. 1828, (MSS. at the 
 College of Physicians,) " Has the party complained of practised as a 
 physician ? Has he written prescriptions which are signed by him
 
 DULY REGISTERED MEDICAL PRACTITIONERS. 35 
 
 as a physician would sign them ? Has he practised physic, or has' 
 he practised as a surgeon only ?" 
 
 Such are the respective rights and privileges of all duly registered 
 medical practitioners. The Medical Act also enacts that henceforth 
 no one " shall hold any appointment as a physician, surgeon, or 
 other medical officer, either in the military or naval service, or in 
 emigrant or other vessels, or in any hospital, infirmary, dispensary, 
 or lying-in hospital, not supported wholly by voluntary contribu- 
 tions, or in any lunatic asylum, gaol, penitentiary, house of correc- 
 tion, house of indnstr J, 2)arocJiiaI or union ivorkhouse, ov poorhouse, 
 parish imion, or other public establishment, body, or institution, or 
 to any friendly or other society for affording relief in sickness, 
 infirmity, or old age, or as a medical officer of health, unless he be 
 registered under this Act " (s. 36). But by s. 4 of 23 Vict., c. 7, 
 " No person authorized to be registered, who shall be acting as a 
 medical officer uuder an order of the Poor Law Commissioners, or 
 Poor Law Board, shall be deemed to have been disqualified to hold 
 such office, or any appointment mentioned as above (s. 3(3), unless he 
 shall have failed to be registered on or before 1st January, 1861." 
 And further, " No certificate required by any Act then in force or 
 hereafter to be passed, from any physician, surgeon, licentiate in 
 medicine and surgery, or other medical practitioner, shall be valid 
 unless the person signing the same be registered under this Act " 
 (s. 37) Medical Act. By the 35th section, " Every person who 
 shall be registered, shall be exempt, if he shall so desire, from serv- 
 ing on all juries and inquests whatsoever, and from serving all cor- 
 porate, parochial, ward, hundred, and township offices, and from 
 serving in the militia." 
 
 d2
 
 36 
 
 CHAPTEE lY. 
 Section I. 
 
 or THE LIABILITIES OE LEGALLY QIJALIEIED MEDICAL PRACTI- 
 TIONERS, AKD THE DISABILITIES OE UNEEGISTEEED PEACTI- 
 TIONERS — -ALSO OF THE MALPEACTICB OE BOTH QUALIFIED AND 
 TJNQUALiriED PEESONS. 
 
 The sections 35 & 36, quoted in the last chapter, imposing as 
 they do disabilities on the unregistered and conferring correspond- 
 ing privileges on the registered, practically compel the registration 
 even of those who may be prohibited by their own bye-law 
 from suing for their fees, as otherwise they would be ineligible 
 for the appointments therein mentioned, neither could their 
 certificates be received (s. 37). Moreover, unregistered persons 
 are not entitled to the expenses of medical witnesses in courts of 
 justice, or to make post mortem examinations, as under the provisions 
 of 6 & 7 Wm. IV., c. 89, (Medical Witnesses Act) such persons must 
 be " legally qualified," and by the 34th s. of the Medical Act the 
 word " legally," or " duly qualified," " when used in auy Act of 
 Parliament," shall be construed to mean a person registered under 
 that Act. By the 40th section, any person who shall wilfully and 
 falsely pretend to be, or take, or use the name or title of Phy- 
 sician, Doctor of Medicine, Licentiate in Medicine and Surgery, 
 Bachelor of Medicine, Surgeon, General Practitioner or Apothecary, 
 or any name, title, addition, or description implying that he is regis- 
 tered, or that he is recognised by law as a Physician, or Surgeon, or 
 Licentiate in Medicine and Surgery, or a Practitioner in Medicine, 
 or an Apothecary, shall upon a summary conviction for such ofience 
 pay a sum not exceeding 201. 
 
 In a case upon appeal from a decision of the Pinner Bench of 
 Petty Set^sions under this section. Baron Bramwell said, " Assum- 
 ing that the respondent was not a Doctor of Medicine, the question 
 is whether he has assumed the title ' wilfully and falsely.' The 
 section must be read as pointing to wilful falsity. No one can 
 doubt that tlie respondent had a foreign diploma of some kind, 
 and had on the strength of that called himself ' Dr. Kelly.' Is it 
 to be said that he has wilfully and falsely pretended to be, or taken 
 or used the name or title of ' Doctor of Medicine ' r"' Ellis v. Kelly,
 
 LIABILITIES OF LEGALLY QUALIFIED PRACTITIONERS. 57 
 
 30 Law Journal (M. C.) p. 35. In this case the respondent was 
 registered as a Member of the College of Surgeons, England, and 
 Licentiate of the Society of Apothecaries, London, but having a foreign 
 diploma as a Doctor of Medicine of Erlangen, had previous to, and 
 subsequent to the passing of the Medical Act called himself 
 " Dr. Kelly." Judgment was given in his favour, with costs. It would 
 seem then that a registered practitioner, clothed with a foreign 
 medical degree, may assume its academical title, although not 
 registered as such, if he is guilty of no wilful falsity. This remark 
 would also apply to the degree of Doctor by Doctorate, granted by 
 the Archbishop of Canterbury after the passing of the Medical 
 Act, although such is no longer a qualification for registration. 
 
 Section II, 
 
 Negligence, in which though there is no criminal or dishonest 
 conduct, but a gross want of that attention which the case of the 
 patient requires, may be the subject of an action at law, and in 
 point of fact is a serious misdemeanour, and offence at common 
 law, "because," as Blackstone observes in his Commentaries, "it 
 breaks the trust which the party had placed in his physician, and 
 tends to the patient's destruction." Such was the decision in 
 Dr. Gt-raenvelt's case, reported in 1 Lord Raymond, 213, 9 Wm. III. 
 Ignorance is also a great misdemeanour at common law, whether in 
 a licensed or unlicensed practitioner, and at the same time the 
 injury arising to any individual from his being a victim to this 
 practice is a private wrong, for which lie may recover adequate 
 damages, but where a practitioner is a duly qualified practitioner, of 
 course there is a considerable difficulty in fixing him with crassa 
 ignorantia, however he may have erred in judgment. The circum- 
 stance of qualification afibrds a presumption in favour of the practi- 
 tioner which juries will consider in such cases. There is no doubt 
 that owing either to the death of the only person who could main- 
 tain the action, by the unskilful treatment, perhaps, of tlio medical 
 practitioner, or the difficulty of producing the necessary evidence, 
 which is obviously very great, or the hitherto uncertainty of medical 
 practice, there has rarely occurred an opportunity of trying the 
 point of the liability of the physician towards his patient for want 
 of skill and attention, but the whole tenor of the books is that such 
 an action can be supported. A physician, as such, is usually called 
 upon on each distinct occasion, when his presence and aid are 
 specially required, to counsel and direct those already in charge of 
 the case. 
 
 But the surgeon and apothecary, when undertaking the exclu- 
 sive care of the patient, have been universally held responsible for
 
 38 LIABILITIES OF LEGALLY QUALIFIED 
 
 injuries arising from want of care and attention. Scare v. Prentice, 
 8 East 347-358. In fact, the rule is obvious that in all cases 
 where damage accrues to another by the negligence, ignorance, or 
 misbehaviour of a person in the duty of his trade or calling, an action 
 will lie, as if a farrier kill a horse by bad medicines, or prick 
 him in the shoeing. Butler's Nisi Prius, 73. 
 
 " Again, ye are to distinguish of other manslayers, as of physi- 
 cians, &c., for physicians and chirurgeons are skilful iii their faculties, 
 and probably do lawful cures, having good consciences, so as nothing 
 faileth to the patient which to their art belongetb : if their 
 patients die they are not thereby menslayers or mayhemors ; but 
 if they take upon them a cure, and have no knowledge or skill 
 therein, or if they have knowledge, if nevertheless they neglect the 
 cure, or minister that which is cold for hot, or take little care 
 thereof, or neglect due diligence therein, if their patients die, they 
 are menslayers or mayhemders." Mirror, c. 4, s. 16. But to recur 
 to the authoritative cases. In Scare v. Prentice, (an action against 
 a surgeon,) Lord Ellenborough, C. J., said " that an ordinary degree 
 of skill is necessary in a surgeon who undertakes to perform 
 surgical operations, in the same manner as it is necessary for any 
 other man to have it in the course of his employment, and I am 
 ready to admit that a surgeon would be liable for crassa 
 ignorantia, and would be justly rcsponsibile in damages for having 
 rashly adventured upon the exercise of a profession, without tbe 
 ordinary qualification of skill, to the injury of a patient." 
 
 Again in Slater v. Baker and Stapleton, 2 Wils. 359, an action 
 against a surgeon and an apothecary for ignorance and unskilful- 
 ness, tried before Chief Justice Wilmot, upon motion to set 
 aside the verdict and damages which the plaintiff had obtained, the 
 Court, without even hearing the counsel for the plaintiff, said : 
 " He who acts rashly acts ignorantly : and although the defen- 
 dants in general may be as skilful in their respective professions 
 as any two gentlemen in England, yet the Court cannot help 
 saying that in this particular case they have acted ignorantly 
 and unskilfully, contrary to the known rule and usage of 
 surgeons." 
 
 The liability of the medical practitioner is no longer terminated 
 with the death of his, in such cases, unfortunate patient, for by 
 the 9 & 10 Vict., c. 93, s. 1 & 2, whenever the death of a person 
 is caused by some wrongful act, neglect, or default which would 
 (if death had not ensued) have entitled the injured party to an 
 action, then the person who would have been liable if death had 
 not ensued, shall be liable for damages, though the death was 
 caused by an act amounting to felony : and the action shall lie 
 for the benefit of the wife, husband, parent, and child of the
 
 MEDICAL PRACTITIONERS. 39 
 
 deceased, and in the name of the executor or administrator, and 
 the word " parents " is exphxined in tlie Act to include lather, 
 mother, grandfather, grandmother, stepfather, and stepmother, and 
 the word " child," to include son, daughter, grandson, granddaughter, 
 stepson, and stepdaughter. The esca])e from liability is thus 
 rendered next to impossible ; and even the small weekly wages of 
 a deceased son who contributed them towards the expenses of his 
 parents' house, is evidence upon which the jury may act, though 
 it is not shown that the sum contributed did more than cover 
 the expense of the child's maintenance. Duckworth v. Johnson, 
 4 Hurlstone & Norton, 653. Proof must be given of a pecuniary 
 loss through the death, sustained by the members of the family who 
 sue, but the slightest pecuniary loss will support the action, or even 
 a reasonable expectation of pecuniary advantage had the deceased 
 lived, may be taken into consideration by the jury. London and 
 South Eastern Eaihvay Company, 4 Common Bench (N.S.) 296. See 
 also Franklin v. South Eastern Railway Company, 3 H. & N., 211. 
 
 "We now come to the consideration of mala praxis, both in 
 qualified and unqualified, registered and unregistered medical 
 practitioners. 
 
 Although a person may not be registered under the Act, he may 
 nevertheless be qualified for registration, hut labouring under dis- 
 abilities, and excluded from the enjoyment of the privileges attached 
 to registration, at the same time neither a quack nor an impostor. 
 Eor reasons best known to himself, he may not choose to be re- 
 gistered, and yet may not be the subject of any penalties. On the 
 other hand, many persons may still insist upon practising without 
 even so much as a qualification, and may risk all penalties. Mal- 
 practices, therefore, may still be very prevalent. 
 
 Cases of great difficulty and nicety have hitherto arisen with 
 regard to the question of legal malice, where medicines have been, 
 carelessly or unskilfully administered by incompetent persons, and 
 though they may be liable to action, it may at the same time be 
 very difficult to render them amenable to the criminal law. Indeed 
 it may not be always easy to fix them even with civil liability. 
 
 The law on the criminal responsibility of every man in such cases, 
 is thus laid down by Lord Hale : — - 
 
 " If a physician gives a patient a potion without any intent of 
 doing him any bodily hurt, but with intent to cure or prevent a 
 disease, and contrary to the expectation of the physician, it kills 
 him, this is no homicide ; and the like of a surgeon. And I hold 
 their opinion to be erroneous that think, if it be no licensed surgeon 
 or physician that occasions this mischance, then it is a ielony, for 
 physic and salves were before licensed physicians and surgeons, and, 
 therefore, if they be not licensed according to the statutes, they are
 
 40 LIABILITIES OF LEGALLY QUALIFIED 
 
 subject to the penalties in the statutes, but God forbid that any 
 mischance of this kind should make any person not licensed guilty 
 of murder or manslaughter." 1 Hale's Pleas of the Crown, 429. 
 Upon the latter point Sir William Blackstone appears to agree witk 
 Lord Hale. If a physician or surgeon, he says, gives his patient a 
 potion or plaster to cure him, which, contrary to expectation, kills 
 him, this is neither murder nor manslaughter, but misadventure, 
 and he shall not be punished criminally, however liable he might 
 formerly have been to a civil action for neglect or ignorance ; but it 
 has been held, that if he be not a regular physician or surgeon who 
 administers the medicine or performs the operation, it is man- 
 slaughter at the least. Yet Sir Mattliew Hale very justly questions 
 the law of this determination, 4 Bl. Com. c. 14. The correctness 
 of Sir M. Hale's opinion has been recognised in many cases since. 
 Thus in R. v. Van Butchell, 3 Carrington & Payne, 632, Baron 
 Hullock said, that it made no difference whether the party was a 
 regular or an irregular surgeon, adding that in remote parts of the 
 country many persons would be left to die, if irregular surgeons 
 were not allowed to practise. The same opinion was expressed by 
 Justice Park, in a subsequent case, in which he observed that 
 whether the party was licensed or unlicensed is of no consequence, 
 except in this respect, that he may be subject to pecuniary penal- 
 ties for acting contrary to charters or acts of parliament. E. v. 
 Long, 4 C. & P. 398. But whether the party be licensed or un- 
 licensed, if he displays gross and culpable ignorance, or criminal 
 inattention, or culpable rashness in the treatment of his patient, he 
 is criminally responsible. There is no doubt, said Mr. Baron 
 HuUock, that there may be cases where both regular and irregular 
 surgeons may be liable to an indictment, as there may be cases 
 where from the manner of the operation, even malice might be 
 inferred. E. v. Van Butchell. Where a person, who though not 
 educated as a surgeon, had been in the habit of acting as a man- 
 midwife, and had unskilfully treated a woman in childbirth, in con- 
 sequence of which she died, was indicted for the murder. Lord 
 Ellenborough said that to substantiate the charge, the prisoner 
 must have been guilty of criminal misconduct, arising either from 
 the grossest ignorance or the most criminal inattention. One or 
 other of these was necessary to make out a case of manslaughter. 
 E. V. Williamson, 3 C. & P. 635. And this ruling was cited with 
 approbation by Justice Park in the case above quoted, E. v. Long. 
 But where a person, grossly ignorant, undertook to deliver a woman 
 and killed the child in the course of the delivery, it was resolved by 
 the judges that he was rightly convicted of manslaughter. E. v. 
 Senior, 1 Moody ; Criminal Cases, 346. The rule with regard to 
 the degree of misconduct, which will render a person practising
 
 MEDICAL PRACTITIONERS. 41 
 
 medicine criminally answerable, is thus laid down by Mr. Justice 
 Bayley : " It matters not whether a man has received a medical 
 education or not. The thing to look at is, whether in reference to 
 the remedy he has used, and the conduct he has disjdayed, he has 
 acted with a due degree of caution, or on the contrary, has acted 
 with gross and improper rashness and want of caution. I have no 
 hesitation in saying, that if a man be guilty of gross negligence in 
 attending to his patient, after he has applied a remedy, or of gross 
 rashness in the application of it, and death ensues in consequence, 
 he will be liable to a conviction for manslaughter. E,. v. Long. In 
 a case tried at the Lancaster Assizes, March 14, 1829, viz., R. v. 
 Simpson, 4 Car. & Payne, 407, and 1 Lewin, Crim. Cases, 172, 
 prisoner was indicted for manslaughter. It appeared that the 
 deceased, who was suffering from salivation, went, upon the recom- 
 mendation of an acquaintance, to the prisoner, an old woman at 
 Liverpool, for an emetic to get the mercury out of his bnnes. She 
 gave him a solution of corrosive sublimate, one dose of which caused 
 his death. Mr. Justice Bayley, in addressing the jury, said : " I 
 take it to be perfectly clear, that if a person, not of a medical 
 education, in a case where professional aid ought to be obtained, 
 undertakes to administer medicines which may have a dangerous 
 effect, and thereby occasions death, such person is guilty of man- 
 slaughter. He may have no evil intention, and may have a good 
 one, but he has no right to hazard the consequences in a case where 
 medical assistance may be obtained. If he does so, it is at his own 
 peril. It is immaterial whether the person administering the medi- 
 cine prepares it, or gets it from another." Mr. Baron Bolland in 
 another case, said : " The law, as I am bound to lay it down, as it 
 has been agreed upon by the judges, is this : if any person, whether 
 he be a regular or licensed medical man or not, professes to deal 
 with the life or health of his majesty's subjects, he is bound to have 
 competent skill to perform the task that he holds himself out to 
 pei'form, and he is bound to treat his patients with care and atten- 
 tion and assiduity." R. v. Spiller, 5 Car. & Payne, 333. In a case 
 of this kind, before Lord Chief Justice Tindall, his lordship said to 
 the jury : " You are to say whether in the execution of the duty 
 which the prisoner had undertaken to perform, he is proved to have 
 shown such a p^oss want of care, or such a (/ross and culpable want 
 of skill, as any person undertaking such a charge ought not to be 
 guilty of, and that the death of the person named in the indictment 
 was caused thereby." R. v. Ferguson, 1 Lewin, C. C. 181. In a 
 case which occurred before Lord Lyndhurst, when Chief Baron, the 
 law on the subject was thus laid down : — " I agree that in these 
 cases there is no diHerence between a licensed physician or surgeon, 
 and a person acting as physician or surgeon without a license. In
 
 42 LIABILITIES OF LEGALLY QUALIFIED PEACTITIONEES. 
 
 either case, if a party having a competent degree of skill or know- 
 ledge makes an accidental mistake in his treatment of a patient, 
 through which death ensues, he is not thereby guilty of man- 
 slaughter ; but, if where proper assistance can be had, a person, 
 totally ignorant of the science of medicine, takes upon himself to 
 administer a violent and dangerous remedy to one labouring under 
 disease, and death ensues in consequence of that dangerous remedy 
 having been so administered, that he is guilty of manslaughter. I 
 shall leave it to the jury to say whether death was accelerated or 
 occasioned by the medicine administered, and if they say it was, 
 then I shall tell them that the prisoner is guilty of manslaughter, if 
 they think that in so administering the medicine, he acted either 
 with a criminal intention, or from any gross ignorance." E.. v. 
 Webb, 1 Moody & Eobinson, 405. 
 
 The next case is that of a person who had for nearly thirty years 
 carried on the business of an apothecary and man-midwife in the 
 county of York, and was duly qualified by law for that profession. 
 His practice was very considerable, and he had attended the de- 
 ceased on the birth of all her children. It appeared that on the 
 occasion in question he made use of a metal instrument, known in 
 midwifery by the name of a vectis or lever, inflicting thereby such 
 grievous injuries on the person of the deceased as to cause her 
 death within three hours. It was proved by the medical witnesses 
 that the instrument was a very dangerous one, and that at that 
 period of the labour it was very improper to use it at all ; and also, 
 that it must have been used in a very improper way, and in an en- 
 tirely wrong direction. Mr. Justice Coleridge told the jury that 
 the questions for them to decide were, whether the instrument had 
 caused the death of the deceased, and whether it had been used by 
 the prisoner with due and proper skill and caution, or with gross 
 want of skill or gross want of attention. No man was justified in 
 making use of an instrument in itself a dangerous one, unless he did 
 so with a proper degree of skill and caution. If the jury thought 
 that in this instance the prisoner had used the instrument with 
 great want of skill, or gross want of caution, and that the deceased 
 had thereby lost her life, it would be their duty to find him guilty. 
 The prisoner was convicted. E. v. Spilling, 2 Moody & Eobinson, 
 107. A chemist, likewise, who negligently supplies a wrong drug, 
 in consequence of which death ensues, is guilty of manslaughter. 
 The apprentice to a chemist by mistake delivered a bottle of lauda- 
 num to a customer who asked for paregoric ; and a portion of 
 the laudanum being administered to a child, caused its death. The 
 apprentice was indicted for manslaughter, and the jury, under the 
 direction of Mr. Justice Bayley, that if they thought him guilty of 
 negligence, they should find him guilty of manslaughter, did so. 
 E. V. Tessymond, 1 Lewis, C. C. 100.
 
 43 
 
 CHAPTER V. 
 
 CHARACTEU — DEFAMATION. 
 
 A EEQTJLAK professional practitiouer is perhaps more entitled to 
 protection against defamation and libel than a private person, be- 
 cause it tends to injure him in his profession. He is entitled to 
 recover a pecuniary compensation against any person who, without 
 reference to his private character, has maliciously imputed to him, 
 either by words or writing, a want of qualification, attention, skill, 
 or capacity, or any misconduct by which he is likely to be prejudiced 
 iu the profits of his profession. 
 
 At a very early period slander was recognised as an individual 
 WTong, and an offence against the public peace. In its primitive 
 legal acceptation it was applied solely to words spoken ; libel, or 
 written defixmation, among an unlettered people being scarcely 
 known ; but the term slander has since been used to embrace 
 written as well as oral defamation. In Bacon's "Abridgment" 
 slander is defined to be the publishing of words in writing or by 
 speaking ; by means of which the person to whom they relate be- 
 comes liable to suffer some corporal punishment, or to sustain some 
 damage. " If a man, by letter, write slander of another to a third 
 person," an action lies. 1 Anderson, 119. Again, in " BuUer's 
 Nisi Prius," slander is defined as " the defaming a man in his repu- 
 tation by speaking or writing words which affect his life, office, or 
 trade ; or which tend to his loss of preferment in marriage or ser- 
 vice, or to his disinheritance, or which occasion any other particular 
 damage." The term will, therefore, be used in this work as com- 
 prehending oral as well as written defamation, except where other- 
 wise defined. By the common law of England reputation is ac- 
 knowledged as an inherent personal right. Revenge is forbidden, 
 and even the tongue, that " auruly member," is restrained. Cha- 
 racter is treated as the safeguard of social position and success in 
 life, and professional reputation, as an absolute individual right, not 
 to be assailed with impunity. 
 
 According to Lord Camden, " If the words be true, they are no 
 slander, and may be justified." 2 Wils. 301. 
 
 Blackstone says, " If the defendant be able to justify and prove 
 the words to be true, no action will lie, even though special damage
 
 44 CHARACTER— DEFAMATION. 
 
 have ensued, for there it is no slander or false tale" Bl, Comm., 
 vol. 3, p. 125. According to this authority also, libels are defined 
 to be " any writings, pictures, or other signs, which immediately 
 tend to injure the character of the individual, or to occasion mis- 
 chief to the public." Each individual, whatever be his talents, 
 his rank, or his station, is more or less dependent on others for 
 security of person, property, or even life. He must trust his lawyer 
 for the preservation of his property, his physician in time of sick- 
 ness, and his servants for the faithful discharge of the meaner duties 
 of life. Character, therefore, is the most valuable personal right of 
 each. The right, then, of every man to the character and reputa- 
 tion which his conduct deserves, stands on the same footing with his 
 right to the enjoyments of life, liberty, health, property, and all 
 the comforts and advantages which appertain to a state of civil 
 society. 
 
 Slander, or in its more primitive sense oral defamation, is an 
 injury for which an action will lie ; but an indictment will not lie 
 for mere words not reduced into writing (2 Salkeld, 417, Eex. v. 
 Langley, 6 Modern Eeports, 125), unless they be seditious, blas- 
 phemous, grossly immoral, or addressed to a magistrate whilst in 
 the execution of his duties, or uttered as a challenge to fight a duel, 
 or with the intention to provoke another to send a challenge to 
 fight a duel (E. v. Phillips, 6 East. 464). 
 
 Libel, or written defamation, is in the eye of the law of a greater 
 and more aggravated nature than slander, by means of the more 
 durable publicity which may thus be given to the defamatory matter, 
 and the deliberation of the defamer in reducing the slander to 
 writing. Two remedies are therefore given in libel : one by 
 criminal procedure against the libeller, the other a civil remedy for 
 damages by action at law. 
 
 Actionable slander therefore consists of the maliciously defaming 
 a person in his character, reputation, dignity, profession, trade, or 
 ofilce, by words or signs — as to say of another, " He forged his 
 master's name to a cheque on his master's bankers ;" or by signs — 
 as by significant motions of the hands and fingers, as to impute an 
 unnatural or other crime to a person. Or to say that a man has 
 poisoned another, or is perjured ; or to charge him with having an 
 infectious disease, the tendency of which would exclude him from 
 society ; or to call a tradesman a bankrupt, a physician a quach, or 
 a lawyer a knave. 3 Bl. Comm. 123, Brown v. Smith, 23 " Law 
 Journal" (Com. Pleas), 151 ; 13 Com. Bench Eep. 596. 
 
 The communication must be malicious^ but only in a technical or 
 legal sense, as merely signifying the absence of any legal justifica- 
 tion or excuse. In ordinary actions of slander express malice, 
 therefore, need not be proved (Maitland v. Goldney, 2 East, 426) ;
 
 CHARACTER— DEFAMATION. 45 
 
 it is to be implied from the slander itself (Bacon's Abridgment, Tit. 
 Slander, D). And the action is maintainable without proof of 
 special damage. 
 
 It is essential, however, that the imputation should be false, but 
 the law allows the truth of the words to form a justification in an 
 action for slander. But the plaintiff is entitled to the presumption 
 of innocence in his favour, and is not required to prove the falsity 
 of the alleged calumny. 
 
 The consequences of the slander must he to occasion some injury or 
 loss to the plaintiff in law or in fact. But no proof of special damage 
 is required in the following cases : — 
 
 1. If an indictable offence be imputed. 
 
 2. If a contagious or infectious disorder be imputed. 
 
 3. If any injurious imputation be made affecting the plaintiff in 
 his office, profession, or business. 
 
 In these cases, as the immediate tendency of the slander is to 
 produce great and irreparable injury to the party whose character 
 is assailed, even though none can be proved, or at least proved in 
 time, so as to save the party perhaps from absolute ruin, the law 
 considers the very publication of the slander to be injurious, and to 
 confer a substantive right of action. In all other cases the plaintiff 
 must prove the damage which he has sustained from the words. 
 
 Where an action is brought for words spoken of a barrister or a 
 physician, it must appear that he practised as such at the time the 
 words were spoken (7 Bac. Abridgment, 269, ih. 271), for other- 
 W'ise the words could not have affected him professionally. It is no 
 slander to say of a person who is unlawfully practising in England 
 as a physician, that he is a quack, or an impostor, or an unqualified 
 person (Collins v. Carnegie, 1 Adolphus & Ellis, 095). It does 
 not, however, follow, that in an action for defamation brought by a 
 medical practitioner, that he should not be able to recover damages 
 because he is not registered under the Medical Act. In such case, 
 if his qualification be denied, it must be proved by the production 
 of his diploma, or in any other manner in which before the passing 
 of the Act such qualification might have been proved. As men- 
 tioned in a former part of this work-, a practitioner may be qualified 
 though not registered, and whatever may be his disabilities as a 
 non-registered practitioner, they do not affect his qualification. A 
 doubt has been raised whether damages are properly recoverable by 
 physicians for words relating to their profession, since their fees are 
 merely honorary (Brown v. Kennedy, 33 " Law Journal," Ch. 3i2) ; 
 but now by the 31st section of the Medical Act all registered prac- 
 titioners, physicians included, can recover their fees unless the 
 latter are prohibited by a bye-law of their College ; the actual deci-
 
 46 CHARACTER — DEFAMATION. 
 
 sions, even before the passing of the Act, leave no doubt upon the 
 subject (3 AVilson, 59) ; and even if their situation be considered as 
 merely confidential, their right to recover rests upon the same 
 foundation with that of magistrates and others, whose oiSces are of 
 a similar description. The words are actionable if they impute any 
 want of knowledge, skill, or diligence, in the exercise of an office or 
 vocation ; as to say of a surgeon, " I wonder you had him to attend 
 you. Several have died that he has attended, and there have been 
 inquests held upon them." These words were held actionable with- 
 out the aid of an innuendo (Southee v. Denny, 1 Exch. Rep. 196) . So 
 also the words — "He is a bad character. None of the medical men here 
 will meet him," are actionable, as imputing the want of a necessary 
 qualification for a surgeon in the ordinary discharge of his professional 
 duties {lb. p. 202). So also to say of an apothecary, " It is a world 
 of blood he has to answer for in this town ; through his ignorance he 
 did kill a woman and two children at Southampton ; he did kill 
 J. P. at Petersfield ; he was the death of J. P. ; he has killed his 
 patient with physick." (Tutty v. Alewin, 11 Modern Eep. 221.) 
 
 To say of a physician that he is " no scholar," is actionable, a 
 learned education being considered to be an essential qualification 
 in the medical profession (7 Bac. Abridgment, 269). So where the 
 defendant said of a midwife (Flower's case, Cro. Car. 211), "Many 
 have perished for her want of skill." 
 
 In actions for slander in which no indictable offence is imputed, 
 but merely an immoral one, the Courts have always regarded them 
 with jealousy, even though the words were spoken of the plaintiff 
 in his profession or business. In most of these cases the Courts 
 have required proof of special damage in order to sustain such 
 actions ; the exception being in the case of beneficed clergymen. 
 
 Libel, or written slander, is a species of defamation, as has been 
 said, of a more aggravated form, and, for the reasons before men- 
 tioned, has always been treated as a more grievous injury than that 
 of verbal defamation ; and is therefore the subject of an indictment 
 or criminal information as a criminal offence against society at large, 
 as well as of an action at law for the civil injury inflicted on the 
 individual. 
 
 A libel may be expressed by-printing, writing, signs, or pictures. 
 
 The libel may be contained in any book, letter, placard, pamphlet, 
 or indeed printing or writing of any kind, even on a wall or post .- 
 Austen v. Colpepper, Skinner, 123. 
 
 It may also be expressed by signs, types, or pictures ; as to affix 
 a gallows or other reproachful or ignominious sign at a person's 
 door: JefFeries v. Duncombe, 11 East, 226 ; or by a pictui-e : 11 
 Modern Eep. 99, per Chief Justice Holt ; or by caricature : Du
 
 CHARACTER — DEFAMATION. 47 
 
 Bost V. Beresford, 2 Campbell, 511, per Lord Eilcnborough, C.J. ; 
 or by exhibiting a person in any shameful or disgraceful position, 
 or in the company of disreputable persons : 5 Coke, 125 ; Skinner, 
 123 ; Eaymond, 431; 3 Keb, 378. 
 
 In an action by a physician for words imputing adultery to him, 
 the words were alleged to have been spoken of him " in his profes- 
 sion;" no special damage was laid. After verdict for the plaintiff 
 judgment was arrested on the ground that such words, alleged 
 merely to be spoken of the plaintiff " in his profession," were not 
 actionable without special damage ; and that, if spoken so as to con- 
 vey an imputation upon his conduct in his profession, the declara- 
 tion ought to show how the speaker connected the imputation with 
 the professional conduct, Ayre v. Craven, 2 Adolphus & Ellis, 7 ; and 
 see Southee v. Denny, 1 Exch. 202 (ante). This case, it seems then, 
 was determined upon a legal technicality and not upon the merits. 
 Upon a distinct finding of a jury, that the words were not spoken 
 w^th reference to the plaintiff's profession, but that they had a 
 " tendency to injure him morally and professionally," it was held 
 that upon this finding the words were not actionable. Dayley v. 
 Eoberts, 3 Bingham's New Cases, 835. 
 
 As in the case of oral slander, so in the case of written slander, 
 or libel, affecting a person in his office, profession, trade, or business, 
 an action will lie without proof of actual malice or special damage. 
 It will not be necessary to cite cases here which apply equally to 
 this species of defamation whether the action be for words spoken 
 merely, or deliberately written. It is at the same time evident 
 from the authorities that words written, tending to disparage a man 
 in his profession, will suppoi't an action when the same words 
 spoken will not. The law, however, respects communications made 
 in confidence, even though they be false and erroneous, and may 
 tend to injure the party referred to, so long as they are not malicious, 
 nor, under the cloak of private confidence, are intended to defame. 
 But, in the case of a public officer, the motives under which he acts 
 in doing a duty which it is incumbent upon him to do cannot make 
 the doing of tliat duty actionable, however malicious they may be. 
 Dawkins v. Paulet, 21 Law Times Eep. N.S. 584, Q.B. Although 
 this was an action by a military officer against his superior, the 
 rule is equally applicable to medical officers. 
 
 It has been held that to write and publish of a physician that he 
 has met homoeopathists in consultation is no libel, though it be 
 alleged in the declaration that, in the opinion of the profession, 
 meeting homcGopathists in consultation would be a breach ot" profes- 
 sional etiquette, and injurious to the professional character, reputa- 
 tion, and practice of a pliysician. Clay v. Eoberts, 2 Jurist (N. S.)
 
 48 CHARACTER — DEFAMATION. 
 
 580. When a medical practitioner, by way of advertisement, pub- 
 lished large portions of his book, occupying from time to time whole 
 columns of the Times and other newspapers, the effect of which was 
 to represent to the public that he was in possession of a specific 
 remedy for the cure of consumption, the defendant, in commenting 
 thereon with bitterness and severity, denounced the author as an 
 impostor and a quack ; and also (by reason of the plaintiff describing 
 himself as M.D. when he had only an American diploma) as like 
 " scoundrels who utter base and forged coin :" and there being evi- 
 dence that the plaintiff's publications contained statements that were 
 fallacious, delusive, exaggerated, and alarming, it was held that the 
 subject of the plaintifi''s publications and representations was 
 matter of public interest and public concern, and a fair and proper 
 subject for public comment ; and that if the defendant in comment- 
 ing thereon as a public writer really believed them to be fallacious, 
 delusive, &c., he was justified in asserting that they were so ; and that 
 if in drawing therefrom inferences of imposture and bad intention, 
 he fell into error, yet if he wrote honestly and with the intention 
 of exercising his vocation as a public writer fairly, and with reason- 
 able moderation and judgment, he was privileged by the occasion. 
 Hunter v. Sharpe, 4 F. & F. 983. And it was observed by Chief 
 Justice Cockburn, in his charge to the jury: — "Here is a man 
 challenging public criticism, by bringing forward what professes to 
 be a new system of treatment, and inviting the public to adopt it 
 as the only means of curiug the most destructive disease known 
 among us. In doing this he challenges public criticism, and if a 
 public writer, using a reasonable degree of temper and moderation, 
 as behoves any one who makes imputations upon others, — if a public 
 writer, thus discussing the subject in the exercise of his vocation, 
 falls into error /is to the facts or the inferences, and goes beyond the 
 limits of strict truth, he is nevertheless privileged. The occasion is 
 a privileged one, and if the privilege is exercised honestly, faithfully, 
 and with reasonable regard to what truth and justice require, then, 
 though he may exceed the limits of what he can logically prove to 
 be the truth, he is protected from liability. It is not, therefore, 
 necessary that the justification should appear to you to be made out, 
 if you think that the defendant, or the writer, was in the reasonable 
 and honest exercise of his vocation as a public writer, even although 
 he was not fully warranted in drawing the inferences he did as to 
 the conduct of the plaintiff, and though it may be that he was not 
 entirely justified by the absolute truth." {lb.) 
 
 In the case of words published by writing it is only necessary 
 that they should be calculated to degrade or disparage the plaintiff, 
 and hold him up to ridicule or contempt, in order to make them 
 actionable.
 
 CHARACTER — DEFAMATION, 49 
 
 With respect to the evidence in support of a Criminal informa- 
 tion or indictment, whatever is a suflicieut publication of a libel to 
 entitle a plaintilf in a civil action to a verdict, is equally so in a 
 criminal proceeding, with this addition, that the sending of a libel to 
 the individual reflected on, without exposing its contents to a third 
 person, is a sufiicient publication to support an indictment, on 
 account of its tendency to provoke that individual to commit a 
 breach of the peace. 1 Wms. Saund. 132 n. 2 ; 2 Esp. 226 ; 
 5 Mod. 163. 
 
 And the defendant may be found guilty of the publishing, and 
 acquitted of the composing or printing of a libel, where both are 
 conjointly alleged. R. v. Hunt and another, 2 Camp. 583 ; 
 R. V. Hart, 10 East. 94. 
 
 Until recently, there was a great distinction between justifications 
 in civil and criminal proceedings for libel. In the former, the truth of 
 the defamatory matter was a ground of justification, in the latter it 
 was not. The truth is a justification in a civil action, principally 
 because the very foundation fails on which the claim to damages 
 might otherwise be erected — that foundation being the falsity of 
 the defamatory matter. On the other hand, the tendency of the 
 defamation to produce a breach of the peace, is of the essence of 
 the off'ence as far as the public are concerned ; and, therefore, the 
 truth or falsity of the publication is collateral to the oflenee, and 
 it is obvious that the imputation may be not the less provoking 
 because it is true. 
 
 An important alteration has however been made in the law in 
 this respect by a comparatively recent statute (6 & 7 Vict., c. 96), 
 by section 6 of which Act it is enacted, that on the trial of any 
 indictment or information for a deftimatory libel, the defendant 
 having pleaded such plea as thereinafter mentioned, the truth of the 
 matter charged may be inquired into but shall not amount to a 
 defence, unless it was for the public benefit that the said matters 
 charged should be published ; and that, to entitle the defendant to 
 give evidence of the truth of such matters charged as a defence to 
 such indictment or information, it shall be necessary for the 
 defendant, in pleading to the said indictment or information, to 
 allege the truth of the said matters charged, in the manner now 
 required in pleading a justification in an action for defamation ; 
 and further to allege that it was for the public benefit that the said 
 matters charged should be published ; to which plea the prosecutor 
 shall be at liberty to reply generally, denying the whole thereof ; 
 and that if after such plea, the defendant shall be convicted, it 
 shall be competent to the Court, in pronouncing sentence, to con- 
 sider whether the guilt of the defendant is aggravated or mitigated 
 by the plea in question. So that even now in criminal proceedings 
 
 £
 
 50 CHARACTER — DEFAMATION. 
 
 tlie truth of the libel is no defence unless it was for the public 
 benefit that the matters charged should be published. And it may 
 be added that whenever the publication of a libel is criminal as 
 concerns the public, it constitutes also a civil injurj reparable in 
 damages at the suit of the party calumniated. If a person, who 
 has either read a libel himself, or who heard it read by another, 
 afterwards maliciously reads or repeats any part of it to another, he 
 is guilty of an unlawful publication of it. Hawkins' Pleas of the 
 Crown 62 c. 73 s. 10. But the so reading it without knowing it to be 
 a libel, with or without malice, does not amount to a publication. 
 E. V. Dodd, 2 Sessions Cases 33 ; Holt's Law of Libel 284, 2nd Edit. 
 
 "Where a libel is printed, the sale of each copy is a distinct pub- 
 lication, and a fresh offence, and a conviction for one such offence 
 will be no bar to an indictment for publishing another copy. 
 E. V. Carlile, 1 Chitty 451 ; 2 Starkie on Slander 320, 2nd Edit. 
 
 Where a man publishes a writing upon the face of it libellous, 
 the law presumes that he did so with a malicious intent, and it is 
 unnecessary for the prosecution to give evidence of circumstances 
 from which malice may be inferred. E. v. Harvey, 2 Barnewall 
 and Cresswell 257 ; E. v. Burdett, 4 Barnewall and Adolphus 95. 
 
 Where, however, the expressions are ambiguous, or the intentions 
 doubtful, evidence may be adduced for showing the malice which 
 prompted the publication. 
 
 In the case of servants' or assistants' characters, such communi- 
 cations are privileged where made to persons who have a right to 
 ask it or expect it. In all such cases malice in fact must be proved. 
 Per Justice Bayley in Bromage v. Prosser, 4 B. & C.256 ; MoPher- 
 son V. Daniels, 10 B. & C. 272 : " Where a man has a right to 
 make a communication you must either show malice intrinsically 
 from the language of the letter, or prove express malice. Per 
 Baron Parke, Wright v. Woodgate, Tyrrwhitt & Gr. 15. And wher- 
 ever an action will lie for a libel without laying special damage, 
 an indictment will also lie. And also wherever an action will 
 lie for verhal slander without laying special damage, an in- 
 dictment will lie for the same words if reduced to writing and 
 published ; but the converse of this proposition will not hold 
 good, for an indictment may lie for words written which could 
 not be maintained if merely spoken. Thorley v. Lord Kerry, 
 4 Taunton 355 ; for instance, if a man write or print and publish 
 of another that he is a scoundrel or villain it is a libel ; although if 
 this were merely spoken, it would not be actionable without special 
 damage. 2 H. Blackstone 531. 
 
 An instance of special damage is the following :— In an action by 
 a surgeon or accoucheur, for slander imputing to him, in words 
 spoken to D, that a female servant had a child by him ; whereby (as
 
 CHARACTER— DEFAMATION. 51 
 
 special damage) D would not employ him as an accoucheur to attend 
 his wife, and the declaration alleged that the plaintiff was otherwise 
 injured in his business, and that the profits thereby had been dimi- 
 nished : it was held that the plaintiff's damages were not limited to 
 the mere loss of the fee for attending D's wife in her confinement, 
 and that the jury might give damages for the loss of business arisin-T 
 directly from the slander spoken by the defendant to D, but that he 
 was not entitled to such general damages as might be supposed to 
 have arisen from repetition of the slander by other persons. Dixon 
 V. Smith, 5 Hurlstoue & JSTorman 451. 29 Law Journal (Exch.) 
 125. 
 
 It may here be mentioned that by the 19 & 20 Vict., c. 108, s. 
 23 (County Courts Extension Act), any action for libel or slander 
 may be tried in a county court by consent of both parties to a 
 memorandum to that effect signed by them or their respective 
 attorneys, and specifying the county court in which they agree to 
 try the action. 
 
 And by the County Court Act of 1867 (30 & 31 Vict., c. 112), it 
 is enacted by section 5, that in any case of tort, where the action 
 is brought in a superior court, and the plaintiff does not recover 
 damages exceeding 10/., he will not be entitled to costs, unless the 
 judge certifies that there was sufficient reason for bringing the 
 action in the superior court. But no original jurisdiction is given 
 to the county court in actions of libel or slander, so that an agree- 
 ment between the parties is still required in order to try such cases 
 in the county court. But by the 10th section of the same Act, 
 any person against whom any action for libel or slander is brought 
 in a superior court, may make an affidavit that the plaintiff has no 
 visible means of paying the costs of the defendant, should a verdict 
 be not found for the plaintiff, and thereupon a judge of the court in 
 which the action is commenced may make an order that unless the 
 plaiutift' shall, within a time to be therein named, give full security 
 for the defeiulant's costs, or satisfy the judge that he has a cause of 
 action fit to be tried in a superior court, all proceedings in the 
 action are to be stayed ; or in the event of the plaintiff not giving 
 such security or not so satisfying the judge, that the cause be 
 remitted for trial before a county court to be therein named ; and 
 the county court so named is to have all the same powers and 
 jurisdiction as if both parties had agreed by a memorandum signed 
 by them that the county court should liave power to try the action ; 
 and the costs of the parties incurred subsequent to the order of the 
 judge of the superior court are to be allowed according to the scale 
 of costs in use in the county courts. 
 
 There can be no doubt that this provision will materially diminish, 
 if not entirely get rid of a class of vexatious actions, brought either 
 
 E 2
 
 52 CHARACTER — DEFAMATION. 
 
 to compel a compromise, or for the sake of costs, for thus whatever 
 may be the amount of damages claimed the plaintiff is forced into 
 the county court, and cannot therefore either gratify his attorney's 
 avarice or his own vindictiveness by inflicting a high scale of costs 
 upon his opponent, where such unworthy motives have prompted 
 the litigation. 
 
 As vindication of character is the main object of legal proceedings 
 for defamation, except where special and serious pecuniary loss has 
 been sustained through the publication of the defamatory matter, the 
 defendant is permitted by 6 & 7 Vict., c. 96, in actions for libel only, 
 tried either in the superior or the county court, to give in evidence 
 (after due notice in writing of his intention so to do, given before 
 trial) in mitigation of damages, that he made or offered an apology 
 to the plaintiff before the commencement of the action, or as soon 
 afterwards as he had an opportunity to do so, in case the action 
 were commenced before he had an opportunity of offering such 
 apology. Such a privilege, however, is limited to cases of libel only 
 and does not apply to slander, and exclusively to such libels as are 
 contained in any public newspaper or other periodical, and such 
 plea must be accompanied by the payment of money into court by 
 way of amends, otherwise the plea shall be deemed a nullity ; sec. 
 2. The defendant is not, therefore, allowed to escape altogether a 
 pecuniary penalty, and he must also state in such plea that such 
 libel was published without actual malice and without gross negli- 
 gence, otherwise it will not avail him.
 
 53 
 
 CHAPTEE VI. 
 
 LAW or COPTEIGHT, ESPECIALLY AS APPLIED TO -WRITINGS AND 
 LECTTJBES OF MEDICAL MEN. 
 
 The subject of copyright is far too extensive to be discussed at 
 any length in these pages, but a few observations on tlie rights of 
 medical men especially, may nevertheless be useful and within the 
 object as well as the limits assigned to this treatise. The term 
 copyright includes two rights — the right exists in every unpublished 
 innocent production of art, literature, or science, and may be termed 
 copyright before publication. It exists a fortiori in every such 
 published production, and may be termed copyright after publica- 
 tion. In reference to the first of these, viz., copyright before pub- 
 lication, it may be said generally that when any material has 
 embodied the ideas which spring up in the mind of the author or 
 the artist, the law protects their privacy until the material has 
 itself been, by its owner, given to the world. In the language of 
 Mr. Justice Yates, 4 Burrows, 2378, " A man has certainly tlie right 
 to consider whether he will make his ideas public, or commit them 
 only to the sight of his friends ; in that state a manuscript is in 
 every sense bis peculiar property, and no man can take it from him, 
 or make a use of it which he has not authorized, without being guilty 
 of a violation of his property. And as every author or proprietor 
 of a manuscript has a right to determine whether he will publish it 
 or not, he has a right to the first publication, and whoever deprives 
 him of that privilege is guilty of a manifest wrong, and the Court 
 have a right to stop it." 
 
 In the case of Abernethy v. Hutchinson, 3 Law Journal (Chan- 
 cery), 209, 213, 219, Mr. Abernethy had filed a bill to restrain the 
 publication in the Lancet of certain lectures delivered by him orally 
 at St. Bartholomew's Hospital. Lord Eldon refused to grant the 
 injunction, because the plaintiff was unable to swear that his whole 
 lecture had been reduced to writing at the date of its delivery. 
 Lord Eldon observed : " "Where the lecture is orally delivered, it is 
 difficult to say that an injunction can be granted upon the same prin- 
 ciple upon which literary composition is protected, because the 
 Court must be satisfied that the publication complained of is an 
 invasion of the work, and this can only be done by comparing the
 
 54 LAW OF COrYRIGHT. 
 
 compositiou with the piracy." His lordship, however, upon a second 
 argument, granted the relief prayed, but on a diflerent ground, viz., 
 that of a breach of an implied contract between the lecturer and 
 his audience, that the latter would do nothing more than listen to 
 the lecture for their instruction. The earliest case of an infringe- 
 ment of copyright before publication, appears to be Webb v. Eose, 
 cited ia Burrows, 2330, which was decided in the year 1732. Sir 
 Joseph Jekyli, Master of the Eolls, there granted an injunction 
 against a conveyancer's clerk, when he threatened to publish his 
 master's conveyancing drafts as legal precedents, not having first 
 obtained the draftsman's permission. Forrester v. Waller, cited as 
 supra, is a somewhat similar case ; an injunction was granted against 
 printing without his consent the plaiutiff''s notes of cases. Again, 
 in 1754, a clerk of Sir John Strange made a clandestine abridg- 
 ment of his master's MSS., with a view to publish them. Lord 
 Hardwicke did not hesitate to restrain such publication. 
 
 The Prince Albert v. Strange is almost the only modern case, as 
 it is the most leading case on copyright before publication. As 
 etchings or lithographic sketches or pliotographic pictures may 
 sometimes form the private collection of a medical practitioner's 
 professional experiences, the result perhaps of much labour and 
 investigation, whicli he may or may not purpose some day giving to 
 the world, a brief narration of the facts of Prince Albert v. Strange 
 may not be here out of place. Her Majesty and the Prince had, 
 solely for their own amusement, made certain etchings, and from 
 these they had struck off a few lithographic impressions for their 
 own use, and not for the purpose of publication ; other impressions 
 they had oi-dered to be struck oif, and some of these latter had been 
 surreptitiously retained by one of the pressmen employed in the 
 operation, and from him they had passed into the possession of the 
 defendant, a London publisher, who declared his intention of pub- 
 licly exhibiting them, and also of selling to the public a descriptive 
 catalogue of the lithographs. The injunction w^as granted by the 
 Yice-Chancellor, and on appeal his judgment was afl&rmed by Lord- 
 Chancellor Cottenham. An extract from the judgment of the Vice- 
 Chancellor may not be uninteresting to those to whom perhaps the 
 doctrine of copyright before publication is not as yet familiar. 
 " Upon the principle," said the Vice-Chancellor, " of protecting 
 property, it is that the Common Law, in cases not aided nor preju- 
 diced by statute, shelters the privacy and seclusion of thoughts and 
 sentiments committed to writing, and desired by the author to 
 remain not generally known. Such then being, as I believe, the 
 nature and foundation of the Common Law as to manuscripts, its 
 operation cannot of necessity be confined to literary subjects. 
 That would be to limit the rule by its example. Wherever the
 
 LAW OF COPnUGIIT. 55 
 
 produce of labour is liable to iuvasiou in an analogous manner, 
 there must, I suppose, be a title to analogous protection or redress. 
 To consider, then, the case of mechanical works, or works of art 
 executed by a man for his private amusement, or private use, what- 
 ever protection they may have by act of parliament, they are not, 
 I apprehend, deserted by the Common Law. The principles and 
 rules which it applies to manuscripts must, I conceive, be to a cou- 
 siderable extent, at least, applicable to these also. Mr. Justice 
 Yates, in Millar v. Taylor, said that an author's case was exactly 
 similar to that of an inventor of a new mechanical machine ; that 
 both original inventions stood upon the same footing in point of 
 property, whether the case were mechanical or literary, whether an 
 epic poem or an orrery ; that the immorality of pirating another 
 man's invention was as great as that of purloining his ideas. 
 Property in mechanical works, or works of art, executed by a man 
 for his own amusement, instruction, or use, is allowed to subsist 
 certainly, and may before publication by him be invaded, not 
 merely by copying, but by description, or by catalogue, as it appears 
 to me. A catalogue of such works may in itself be valuable. It 
 may also as ellectually show the bent and turn of the mind, the 
 feelings and taste of the artist, especially if not professional, as a 
 list of his papers. The portfolios of the studio may declare as 
 much as the writing table." This extract will perhaps be sufficient 
 to elucidate the principle involved in the decision. 
 
 No one can have copyright before publication in a work calcu- 
 lated by publication to do injury to society and to offend against 
 the law. 
 
 The law on this point was very fully discussed in Lawrence v. 
 Smith, 2 Merivale, 440. Tlie plaintiff, the eminent surgeon, had 
 delivered at the College of Sugeous, and had afterwards published, 
 a work under the title of " Lectures on Physiology, Zoology, ana 
 the IS'atural History of Man." The bill was filed to restrain the 
 defendant from selling a pirated edition. An ex parte injunction 
 having been obtained, the defendant moved to dissolve it, on the 
 ground that the lectures were so hostile to natural and revealed 
 religion, that they ought to have no protection. Lord Eldon dis- 
 solved the injunction, and in doing so said, among other things, 
 " Looking at the general tenor of the work, and at many particu- 
 lar parts of it, recollecting that the doctrine of the immortality of 
 the soul is one of the doctrines of the scriptures, considering that 
 the law does not give protection to tliose who contradict the scrip- 
 tures ; and entertaining a doubt, I think a rational doubt, whether 
 the book does not violate that law, I cannot continue the injunc- 
 tion," On similar grounds. Lord Eldon refused the motion for an 
 injunction to restrain the publication of a pirated edition of Lord
 
 56 LAW OF COPYRIGHT. 
 
 Byron's " Cain," and Sir John Leacli, Vice-Cbancellor, in 1823, on 
 similar principles, dissolved an injunction which had been obtained 
 ex parte against the publication of a pirated edition of a portion of 
 "Don Juan." 
 
 It may well be doubted whether the above decisions would be 
 deemed guides in the present day. 
 
 The Act, 8 Anne, c. 19, was the first statutory dealing with copy- 
 right after publication. As the name implies, the right commences 
 from the moment the eye of the public is allowed to rest upon the 
 subject. This Act, however, only dealt with literary work, and 
 copyright after publication in literary works is now regulated by an 
 Act 5 & 6 Vict. c. 45 (commonly called Talfourd's Act), by which 
 former Acts are repealed, and thenceforth " the copyright in every 
 book which shall be published in the lifetime of the author shall 
 endure for the natural life of such author, and for the further 
 term of seven years, commencing at the time of his death ; and 
 shall be the property of such author and his assigns : Provided 
 that if the said term of seven years shall expire before the end 
 of forty-two years from the first publication of such book, the 
 copyright shall, in that case, endure for such period of forty-two 
 vears : and that the copyright in every book which shall be published 
 after the death of its author shall endure for the term of forty-two 
 years from the first publication thereof, and shall be the property of 
 the proprietor of the author's manuscript, from which such book 
 shall be first published, and his assigns." 
 
 And further : " The copyright which at the time of the passing 
 of this Act shall subsist in any book theretofore published, shall 
 be extended for the full term provided by the Act in cases of books 
 thereafter published, and shall be the property of the person who, at 
 the time of the passing of the Act, shall be the proprietor of such 
 copyright : Provided that, in all cases where such copyright shall 
 belong in whole or in part to a publisher or other person who 
 shall have acquired it for other consideration than that of natural 
 love and aff'ection, such copyright shall not be extended by the 
 Act, but shall endure for the term which shall subsist therein at the 
 time of the passing of the Act, and no longer, unless the author 
 if he be living, or his personal representative, if he be dead, 
 and the proprietor of such copyright shall, before the expiration 
 of such term, consent and agree to accept the benefits of the Act in 
 respect of such book, in which case such copyright shall endure for 
 the full term by the Act provided in cases of books to be published 
 after the passing of the Act." 
 
 This Act passed on 1st July, 1842, and a previous Act, 5 & 6 
 AVm. IV., 0. 65, entitled an " Act for preventing the publication of 
 lectures without consent," enacts that from the date of that Act
 
 LAW OF COPYRIGHT. 57 
 
 (Sept. 1, 1S35) the author of any lecture, or the person to -whom 
 he has sold or otherwise conveyed the copy, in order to deliver the 
 same in any school, seminary, institution, or other place, or for any 
 other purpose, should have the sole right of printing and publishing 
 such lecture. 
 
 A penalty is attached to a violation, and the Act declares that 
 if any person shall, by taking down a lecture in shorthand, or 
 otherwise in writing, or in any other way obtain a copy, and 
 shall print or lithograph, or otherwise copy and publish it without 
 the leave of the author, or his assignee, and every person, who 
 knowing the same to have been printed, &c., without such con- 
 sent, shall sell, publish, or expose to sale any such lecture, shall 
 forfeit such print or copy, together with one penny for every sheet 
 thereof found in his custody, either printed, lithograpb.ed, or 
 copied, or printing, lithographing, or copying, or published or 
 exposed to sale contrary to the Act, one moiety to the Crown, and 
 the other to the prosecutor ; and that any printer or publisher of 
 any newspaper who shall, without such consent, print and publish 
 in such newspaper any lecture or lectvires, should be deemed a 
 person printing and publishing without leave, within the provisions 
 of the x\ct, and liable to tlie aforesaid penalty and forfeiture in 
 respect of such printing and publishing. 
 
 Lectures delivered in any university, or public school, or college, 
 or on any public foundation, or by any individual in virtue of or 
 according to any gift, endowment, or foundation, are excluded 
 from the protection of the Act 5 & 6 Wm. IV., c. 65. Also lectures 
 of the delivery of which notice in writing shall not have been 
 given two days previously to two justices living within five miles 
 of the place of delivery ; sec. 4. 
 
 The case of Abernethy v. Hutchinson, before referred to, occurred 
 before the passing of this Act ; and though decided upon the ground 
 of breach of trust only, the point involved is expressly provided for 
 under the third section of that Act, thus : " No person allowed, for 
 certain fee and reward, or otherwise, to attend and be present at 
 any lecture delivered in any place, shall be deemed and taken to 
 be licensed or have leave to print, copy, and publish such lectures 
 only because of having leave to attend such lecture or lectures." 
 Mr. Abernetliy's lectures were delivered at St. Bartholomew's 
 Hospital, and it might at first sight, therefore, appear that they 
 would not enjoy the protection of the Act, but would probably come 
 within the exception excluded from such protection by the 5th 
 section, as having been delivered in a " public school " of medicine 
 or surgery, " or on a public foundation," or " by an individual 
 iu virtue of or according to some gift, endowment, or foundation," 
 but this would, of course, depend upon the definition of the words
 
 58 LAW OF COPYRIGHT. 
 
 " public school," &c., and whether the lecturer at an institution 
 supported purely by voluntary contributions (though, doubtless, St. 
 Bartholomew's Hospital is otherwise endowed), can be said to 
 deliver his lectures " in virtue of any gift, endowment, or founda- 
 tion." As the section concludes by declaring " that the law relating 
 thereto shall remain the same as if this Act had not been passed," 
 it would at all events seem that in such a case the lectures would be 
 protected where, as was there alleged, " no persons had a right to 
 attend the lectures except those who were admitted to that privilege 
 by the lecturer ; that it had always been understood by him, and by 
 those who preceded him in the office, and those who attended 
 the lectures, that the persons who so attended did not acquire, 
 and were not to acquire, any right of publishing the lectures which 
 they heard ; but that the plaintiif and his predecessors respectively 
 had and retained the sole and exclusive right of printing and pub- 
 lishing their respective lectures, for his and their own respective 
 benefit ; that there was an implied contract between the plaintitF 
 and those who attended his lectures, that none of them should 
 publish his lectures, or any part thereof; that the defendants had 
 been furnished with a copy of the lectures, which they had printed, 
 through the medium of some person who had attended the lectures 
 under Mr. Abernethy's above-mentioned permission : and that it 
 was a breach of contract or trust in such person so to furnish the 
 copy, and in the defendant to print and publish the same." Upon 
 these allegations, the Lord Chancellor said " The point to be 
 determined was whether there was such a violation of the contract 
 as to sustain an action ; if not whether an injunction could be asked 
 
 for He had no doubt whatever an action would lie 
 
 against a pupil who published these lectures. One question had 
 been, whether Mr, Abernethy, from the peculiar situation which he 
 filled in the hospital, was precluded from publishing his own lec- 
 tures for his profit ; but there was no evidence before the Court 
 that he had not such right. Therefore the defendants must be en- 
 joined in future." (Extract from Lord Eldon's judgment in the case.) 
 
 A lecturer now, even without proof of an implied contract be- 
 tween himself and the audience, has a property in his lectures, 
 though orally delivered, and is entitled to the benefit of the protec- 
 tion afforded by the 3rd section of the Act, provided at least he 
 cannot be brought within the 4th section, as before mentioned. 
 
 It is frequently difficult to decide what amounts to an infringe- 
 ment of copyright — whether in fiict the use made of a work is fair 
 and reasonable, or is only colourably and evasively different from it. 
 Sir E. Kindersley has defined unfair use of an original work to be 
 the extraction of its vital part. Murray v. Bogue, 1 Drew 369, and 
 Mr. Justice Maule^ in Sweet v. Beuning, 16 Common Bench 485,
 
 LAW OF COPYRIGHT. 59 
 
 said — it was " not so much of kind as of degree." In Bohn v. 
 Bogue, 10 Jurist 420, Sir L. Shadwell, V.C.E , remarked: 
 " In cases of this nature, if the pirated matter is not considerable, 
 that is, where passages which are neither numerous nor long have 
 been taken from different parts of the original work, this Court 
 will not interfere to restrain the publication of the work complained 
 of, but will leave the plaintiff to seek his remedy at law." The 
 dicta of the yice-Chancellor in the case last mentioned, must not, 
 however, be relied on as an argument that piracy is to be judged 
 solely by the quantity taken from the copyright work. Lord 
 Cottenham has said, in reply to an argument of that description, 
 " When it comes to a question of quantity it must be very vague ; 
 one writer may take all the vital part of another's book, though it 
 might be a small proportion of the book in quantity : it is not only 
 quantity but value that is always looked to. It is useless to refer 
 to any particular case as to quantity." Bramwell v. Halcomb, 3 
 M. and Cr. 73S, and see Sir W. P. Wood, V.C. in Tinsley v. 
 Lacy, 111 AV.E. 877. Licher's observation is very pertinent to this 
 point. " The thief only takes the wheat, not the straw, wliich is 
 the bulk of the crop." And said Mr. Justice Story, in Gray v. 
 Eussell, 1 Story E. 11, "Extracts non numerautur sed ponderantur. 
 The quintessence of a work may be piratically extracted so as to 
 leave a mere caput mortuum, by a selection of all the important 
 passages in a comparatively moderate space." But this is matter 
 rather for the lawyer than the medical practitioner, or even the 
 medical author, and as " sufScient for the day is the evil thereof," 
 proceedings against another for infringement of a copyright would 
 so inevitably involve the retention of the services of a legal adviser 
 on the occasion, that any mere general information that this treatise 
 might supply would furnish but little practical assistance. It only 
 remains, therefore, to observe that the first International Copy- 
 right Act was 1 and 2 Vict. c. 59. It embraced books only, and 
 was repealed by 7 and 8 Vict. c. 12, and this Act was followed by 
 a convention between this country and France. The convention 
 was concluded at Paris, November 3rd, 1851, for an extension to 
 each country of a reciprocal copyright in works of literature and 
 art. The convention was followed by an Order in Council of 
 January 10, 1852, to the following effect. " From and after the 
 17th of January, 1852, the authors of works of literature or of 
 art, in which the laws of Great Britain give to British subjects 
 the privilege of copyright, and the executors, administrators, 
 and assigns of such authors, Szc, shall as respects works pub- 
 lished within the dominions of France after the above date of the 
 Order, have tlie privilege of copyright therein for a period equal to 
 the term of copyright which authors, &c., of the like works respec-
 
 60 LAW OF COPYRIGHT. 
 
 tively first published in the Uuited Kingdom are by law entitled to, 
 provided such books, &c., have been registered, and copies thereof 
 have been delivered according to the requirements of the said 
 recited Act (7 & 8 Vict. c. 12) within three months after the first 
 publication thereof in any part of the French dominions, or, if such, 
 work be published in parts, then within three months after the 
 publication of the last part thereof. It seems that a newspaper is 
 not a work published in parts within the meaning of the provision, 
 because it could not have been intended that at any period, however 
 remote, the publisher of such a work might register it and carry 
 back his copyright therein to the earliest period in 1852, when 
 French authors had a copyright in this country. Sir "W. P. Wood 
 (V.C.) in Cassell v. Stilf, 2 Ka. & Jo. 279. In order to enable her 
 Majesty to make similar stipulations in any treaty with any other 
 foreign powers. Parliament passed another Act (15 & 16 Vict., c. 12) 
 the first 9 sections of which are incorporated with the 7 & 8 Vict., 
 0. 12, and sec. 18 of the earlier Act is repealed by the latter so far 
 as the same is inconsistent therewith. Under that Act the Queen 
 in Council may now direct that the authors of books published 
 after a specified day in any foreign country, their executors, &c., 
 may (subject to the provisions of the 15 & 16 Vict., c. 12) prevent 
 the publication in the British dominions of any translations of 
 such books not authorized by them for a period (to be specified by 
 her Majesty) not exceeding five years from the first publication of an 
 authorized translation, and in the case of books published in parts for 
 a period not exceeding, as to each part, five years from the first pub- 
 lication of an authorized translation of that part, 15 & 16 Vict., c. 
 12, sec. 2. The laws which protect British copyright are, by the same 
 Act, conditionally extended to such authorized translations. 
 
 But no author, his executors, &c., can have the benefit of the 
 Act in respect of any translation of a book, &c., unless within three 
 months of its first publication he register and deposit a copy in the 
 manner required for original works by 7 & 8 Vict., c. 12, and unless 
 the author notifies in the titlepage (if any) or on some con- 
 spicuous part of the book, that it is his intention to reserve the 
 rights of translating it, and unless the authorized translation, or a 
 part thereof, is published either in the foreign country (named in 
 the order by which the translation is protected) or in the British 
 dominions, within one year, and wholly published within three 
 years after the registry and deposit of the original work under the 
 Act ; and unless the translation itself be registered and a copy of 
 it deposited within a period (to be named in the order) relating to 
 such translation, and in the manner prescribed by 7 & 8 Vict., c. 12, 
 for the registry and deposit of original works. The above requisi- 
 tions apply to articles originally published in newspapers or perio-
 
 LAW OF COPYRIGHT. 61 
 
 dicals, if the same be afterwards published iu a separate form, but 
 they do not apply to such articles as originally published. (Sec. 8.) 
 To give effect to these stipulations, the Act 15 & IG Vict., c. 12, 
 expressly declared that during the continuance of the convention 
 the provisions of the Act should apply to it, and to transla- 
 tions of books, &c., which should, after the passing of the Act, be 
 published in France, in tlie same manner as if an Order in Council 
 had been issued for giving effect to the convention, and had therein 
 directed that such translations should be protected for five years 
 from the first publication, and as if a period of three months from 
 the publication of such translation was specified in the order as the 
 period for registering and depositing a copy of the translation 
 (S. 11). And further, any article of political discussion which has 
 been published in any newspaper or periodical in a foreign couatry, 
 may, if the source from which the same is taken be acknowledged, 
 be republished, or translated in any newspaper or periodical in this 
 country. Any article relating to any other subject may, if its 
 source be acknowledged, be also reprinted or translated, in like 
 manner, unless the author has signified his intention of reserving 
 the copyright therein and the right of translating the same 
 in some conspicuous part of the newspaper or periodical in which 
 the same was first published, in which case the same will, without 
 the formalities required by sectiou 8 of the 15 & IG Yict., c. 12, 
 receive the same protection as is by virtue of 7 & 8 Vict. c. 12, and 
 15 & 16 Vict., c. 12, extended to books (S. 7.) 
 
 On a motion to restrain the infringement of an alleged copyright 
 in a French newspaper. Sir AV. P. AVood (V.C.) intimated grave 
 doubts whether the protection just alluded to did not mean 
 the same protection which the author of any book would obtain 
 under an Order in Council made pursuant to the International 
 Copyright Acts. He therefore refused to assist the plaintiff 
 because the requisitions of the Order in Council governing inter- 
 national copyright in French newspapers as to registry had not 
 been complied with. He directed the motion to stand over, with 
 liberty to the plaintiff to bring an action, and liberty to all parties 
 to apply. (Cassell v. Stiff, supra.) 
 
 The Act 15 & IG Vict., c. 12, prohibits the importation into any 
 part of the British domiuions without the consent of the registered 
 proprietor or his agent authorized in writing, of any copies of any 
 works of literature or art iu whicli there is copyright under the Inter- 
 natioual Copyright Acts, and which have been printed or made in any 
 foreign country except that country in which such work shall have 
 been first published ; also all unauthorized translations of it. and 
 extends to such copies and translations sections 17 & 23 of the 
 5 & G Vict., c. 45.
 
 62 LAW OF COPYRIGHT. 
 
 The French law of copyright, taken in connexion with the 
 French convention, seems to admit the work of any alien holding a 
 French copyriglit to the benefit of the convention. (See 1 Jurist, 
 N.S. pt. 2, p. 523.) 
 
 International copyright has since been arranged with Prussia, 
 Saxony, Brunswick, Thuringia, Hanover, Oldenburgh, Anhalt, Ham- 
 burgh, Belgium, Spain, Sardinia, and Hesse. In the case of Aveneys 
 V. Mudie, the Court of Exchequer has decided that the proprietor 
 of a foreign print, who claims a copyright therein under the Inter- 
 national Copyright Acts, must, in reference to such print, comply 
 with the provisions of our own engraving Acts (10 Exch. Eep.203). 
 By 25 & 26 Yict., c. 91, sec. 2, the copyright in the Pharmacopoeia 
 is vested in the " General Council of Medical Education and Regis- 
 tration of the United Kingdom."
 
 63 
 
 CHAPTEE YII. 
 
 SCHOOLS OF ANATOMY. 
 
 The Act for regulating schools of anatomy ia that of 2 & 3 "Wm. IV., 
 c. 75. By this Act, tlie Secretary of State for the Home Depart- 
 ment in Great Britain, or the Chief Secretary in Ireland, is em- 
 powered to grant a license ^to practise anatomy to any fellow or 
 member of any College of Physicians, or Surgeons, or to any 
 graduate or licentiate in medicine, or any person lawfully qualified 
 to practise medicine in any part of the United Kingdom, or to any 
 professor or teacher of anatomy, medicine, or surgery, or to any 
 student attending any school of anatomy, on application from such 
 party for such purpose, countersigned by two of his Majesty's justices 
 of the peace, acting for the county, city, borough, or place, wherein 
 such party resides, certifying that to their knowledge or belief 
 such party so applying is about to carry on the practice of anatomy. 
 Under this Act, inspectors of places where anatomy is carried ou are 
 appointed, every such inspector to make a quarterly return of every 
 deceased person's body that during the preceding quarter has been 
 removed for anatomical examination to every separate place in his 
 district where anatomy is carried on, distinguishing the sex, and, as 
 far as is known, the name and age of such persons. Such inspectors 
 to visit and inspect, at any time, any place in their separate dis- 
 tricts, notice of which has been given that it is intended there to 
 practise anatomy. 
 
 Any executor, or person having the lawful possession of the body 
 of any deceased, and not being an undertaker or other person en- 
 trusted witli the body only for the purpose of interment, may permit 
 the body of the deceased to undergo anatomical examination unless 
 such deceased person shall have expressed his desire (in the mode in- 
 dicated in the Act) that his body after his death might not undergo 
 such examination, or unless the surviving husband or wife, or any 
 known relative, shall require the body to be interred without such 
 examination. If the deceased himself has directed (in the manner 
 therein indicated) that his body after death shall be examined 
 anatomically, and such direction be made known before burial to 
 the party in lawful possession of the body, then any person so autho- 
 rized as beforementioned to make such examination shall be re-
 
 64 SCHOOLS OF ANATOMY. 
 
 quested, by the person in lawful possession of the dead body, to 
 make such examination, unless an objection is made by certain 
 relatives as before. And any person duly licensed to perform such 
 examinations may receive or possess the body of any such person 
 for the purpose of anatomical examination if permitted so to do by 
 the party having lawful possession of the body, provided a certifi- 
 cate of the illness of which the deceased died, or the cause of 
 death, be delivered with the body, which certificate the party so 
 receiving the body shall within twenty-four hours after the removal 
 of the body transmit to the inspector of the district, or if 
 there be no inspector to some medical man residing at or near 
 the place to which the body is thus removed, and also a return of 
 the day and hour when, and from whom the body was received, the 
 date and place of death, the sex (and as far as is known) the Chris- 
 tian and surname, age, and last place of abode, and shall enter such 
 particulars and a copy of the certificate in a book to be kept by him 
 for the purpose, and shall produce such book whenever required to 
 do so by an inspector. 
 
 And no one shall carry on or teach anatomy at any place, or 
 receive or possess for anatomical examination, or examine anatomi- 
 cally any deceased person's body after its removal unless such 
 person, or the owner or occupier of such place, or some person, 
 legally authorized to examine bodies anatomically, shall have previ- 
 ously given to the Secretary of State notice of the place where it is 
 intended to practise anatomy, at least one week before the first 
 receipt or possession of a body for such purpose. Such body after 
 undergoing anatomical examination is to be decently buried 
 in consecrated ground, or in some public burial ground, 
 such provision to be made by the party removing or causing 
 the body to be removed as aforesaid, and a certificate of such 
 interment to be transmitted to the inspector within six weeks 
 of the reception of the body. Any person offending against the 
 provisions of this Act is to be deemed guilty of a misdemeanour, and 
 be liable to three months' imprisonment or a fine of 50/. 
 
 The medical man who certifies to the cause of death shall not be 
 concerned in examining the body after removal, and no such remo- 
 val shall take place till forty-eight hours after death, nor until after 
 24 hours' notice to the inspector of the district, or otherwise, of the 
 intended removal of the body. 
 
 A crime hitherto unheard of gave occasion to the passing of the 
 above Statute. Such is unmistakeably recorded in the preamble of 
 the Act itself as follows : — " Whereas a knowledge of the causes 
 and nature of sundry diseases which affect the body, and of the best 
 methods of treating and curing such diseases, and of healing and 
 repairing divers wounds and injuries to which the human frame is
 
 SCHOOLS OF ANATOMY. 65 
 
 liable, cannot be acquired without tlie aid of anatomical examination. 
 And whereas the le(jal supply of human bodies for such anatomical 
 examination is insufficient fully to provide the means of such know- 
 ledge. ifVnd whereas, in order further to supply human bodies for such 
 purposes, divers great and grievous crimes liave been committed, and 
 lately murder, for the single object of selling for such purposes the 
 bodies of the persons so murdered. And whereas it is highly expe- 
 dient to give protection, under certain regulations, to the study and 
 practice of anatomy, and to prevent, as far as may be, such great 
 and grievous crimes and murders as aforesaid : Be it therefore 
 enacted," &c., &c. Thus is indelibly recorded in the statute-book of 
 England that in the nineteenth ceutury of the Christian era there 
 were wretches prowling about and deliberately murdering their 
 unoffending fellow-creatures for tlie sole purpose of themselves living 
 like ghouls upon the dead bodies of their victims. Burke and Hare 
 •were the names of the principal offenders, who, having met 
 with the fate they so richly deserved, were the diabolical cause 
 which resulted in the present legal provision for the due supply of 
 the anatomical demand. 
 
 The preamble of the statute more than hints at " divers " other 
 "great and grievous crimes" which "had been committed" in 
 order to meet the increased demand for subjects, and possibly the 
 crime of disinterring and carrying away dead bodies for the 
 purpose of dissection is here alluded to; for though, of course, such a 
 crime bears no comparison in atrocity with that of Burke and Hare, 
 yet a violation of the sanctity of the grave has ever been considered, 
 by all nations and creeds alike, to be a gross outrage upon public 
 decency, and a cruel insult to the feelings of disconsolate relatives 
 and friends. 
 
 The first charge on record relating to digging up graves was 
 preferred against one Haynes, in the time of James 1., but he was 
 charged only with stealing the winding-sheets, he having returned 
 the bodies to the sepulchre after divesting them of these habiliments. 
 In East's " Pleas of the Crown," vol. ii. p. 652, we find a note of 
 this case among others. It is there stated, " There can be no pro- 
 perty in a dead corpse, and therefore stealing it is no felony, but a 
 very high misdemeanour." 
 
 In the case of Doctor Ilandyside, where trover was brought 
 against him for two children that grew together, Lord Chief Justice 
 AVilles held the action would not lie, as no person had any property in 
 corpses. But a shroud stolen from the corpse must be laid lo be 
 the property of the executors, or whoever else buried the deceased, 
 and not of the deceased himself. Sir Edward Coke, who, as he 
 states, advised upon the case of Haynes, " for the rareness of tlie 
 
 F
 
 66 SCHOOLS OF ANATOMY. 
 
 case, consulted with the judges at Serjeants' Inn, inPleet-street; where 
 we all resolved, that the property of the sheets was in the executors, 
 administrators, or other owner of them, for the dead body is not 
 capable of any property, and the property of the sheets must be in 
 somebody : and according to this resolution he was indicted for 
 felony at the next assizes, but the jury found it but petty larceny, 
 for which he was whipped, as he well deserved." (Coke's Inst. 
 P.C. p. 110) His words in the marginal note of this case are 
 fur turn iimuditum. 
 
 In 1788, one Lynn was convicted on an indictment charging 
 him with entering a certain burying ground, and taking a coffin out 
 of the earth, from which he took a dead body, and carried it away 
 for the purpose of dissecting it. The only Act having any relation 
 to such a crime was that of 1 Jac. I., c. 72, which prior to this time 
 had been repealed by 9 Geo. II., c. 5, making it felony to take up a 
 dead body out of any place where it rested, for the purpose of 
 using it in any manner of witchcraft, sorcery, charm, or enchant- 
 ment ; but here the charge was, " for the purpose of using it for 
 dissection." The Court, however, said that "common decency 
 required that the practice should be put a stop to. That the 
 oftence was cognizable in a criminal court, as being highly indecent, 
 and contra honos mores, at the bare idea alone of which nature 
 revolted. That the purpose of taking up the body for dissection 
 did not make it less an indictable offence." It will be observed 
 that it was the disinterring, and not the dissecting, that constituted 
 the offence ; and the statute with which this chapter is prefaced 
 provides, therefore, for the decent interment of the body after the 
 anatomical examination, and allows of no further disturbance of the 
 remains. Since then, several persons have been punished for dis- 
 interring bodies, under the name of resurrectionists, and there is 
 also a case (a.d. 1822), of Eex v. Cundick, 1 Dowliug and Eyland, 
 M. C. p. 356, establishing that to sell the dead body of a felon 
 capitally executed, for the purpose of dissection, where dissection 
 formed no part of the sentence, is a misdemeanour indictable at 
 common law. 
 
 At length it seems to have occurred to the reprobates before 
 mentioned that it was a readier process, and one attended with less 
 risk of detection, to apply a pitch plaister to a living man's mouth 
 and nostrils than to raise a corpse from what ought to be its last 
 resting-place. It may be observed, in conclusion, that the re- 
 ception of a dead body otherwise than through the medium 
 of supply pointed out by the statute, with any indicia of violence 
 upon it, so as to raise a reasonable suspicion of foul play, might 
 place the recipient in a most painfully perilous position in 
 that respect, besides rendering him liable to be punished by fine
 
 SCHOOLS OF ANATOMY. 67 
 
 or imprisonment under the 18th section of the 2 & 3 AVm. IV., 
 c. 75. 
 
 The clergyman of tlie parish, or the directors of a Cemetery 
 Company, or those wlio possess a vested freehold interest, and 
 whose burying grounds or graves have been violated by any 
 attempt at disinterring, might bring their respective actions of 
 trespass in any such cases, but under existing circumstances 
 such acts of trespass for the future will be perhaps entirely un- 
 known. 
 
 F 2
 
 68 
 
 CHAPTER VIII. 
 
 LAW OF PAETNEESHIP AS AFFECTING THE MEDICAL PEOFESSTOIT. 
 
 Perhaps the most accurate definition of the term " partnership " is 
 that given by Mr. Dixon in his work on the " Law of Partnership — I." 
 He there defines a partnership to be "a voluntary and unincorpo- 
 rated association of individuals standing to one another in the 
 relation of principals for carrying out a joint operation or under- 
 taking for the purpose of a joint profit." Such then may be said 
 to be a partnership in the proper sense of the term. 
 
 The usual characteristics of a partnership are a community of 
 interest in profits and losses, a community of interest in the 
 capital employed, and a community of power in the management of 
 the business engaged in. 
 
 An agreement, therefore, to share, though not necessarily in 
 equal parts, profits and losses, may be said to be the type of a 
 partnership contract. It admits of no doubt whatever that an 
 agreement to share the profits and losses arising from trade, busi- 
 ness, or adventure, constitutes partnership in that undertaking, 
 even although the words partners or partnership do not occur in 
 the agreement. (Greenham v. Gray, 4 Ir. Com. L. Eep. 501.) 
 And even an agreement to share profits, nothing being said about 
 losses, amounts prima facie to an agreement to share losses 
 also, (lb. p. 501 ; Dry v. Boswell, 1 Camp. 330 ; Keyse v. Barge, 
 9 C. B. 440,) for it is but reasonable that the chance of gain and loss 
 should be taken by the same persons ; and unless, therefore, an inten- 
 tion to the contrary can be shown, persons engaged in any business or 
 adventure, and sharing the profits derived from it, are partners 
 accordingly. Indeed, whether persons are partners is a question of 
 intention, to be determined by a consideration of the whole agree- 
 ment into which they have entered. This principle is illustrated by 
 those cases in which managers or clerks are paid salaries proportionate 
 to the business in which they are employed. In the case of Eaw- 
 linson v. Clarke, 15 M. & "W. 292, Clarke was a surgeon, and agreed 
 to sell his practice and drugs and stock in business to Eawlinson, 
 who was to pay for them partly in cash down, and partly in cash at 
 the end of a year. During this year Clarke agreed to carry on his 
 practice as usual, and to introduce Eawlinson to the patients ; and
 
 LAW OF PARTNERSniP. 69 
 
 EawHnson agreed to allow Clarke during this year one-half of the 
 clear profits of the concern, to be paid at the expiration of the year. 
 It was held that the \vhole agreement showed that Clarke was only 
 to receive a salary for the service rendered to Rawlinson in helping 
 him to continue the business. Formerly it frequently became a 
 question in a criminal proceeding for embezzlement whether the 
 accused were a partner or merely a clerk, servant, or assistant, as, in 
 case he were a partner in the concern defrauded, he could not be 
 convicted of embezzlement. In the case of E. v. Macdonald, the 
 accused, who was paid by a per-centage of profits, having been con- 
 victed of embezzlement, was held by the Court of Criminal Appeal 
 to have been rightly convicted, as there was no partnership ; and 
 now by 81 & 32 Vict. c. 116, s, 1, it is enacted that " If any person 
 being a member of any co-partnership, or being one of two or more 
 owners of any money, goods or effects, bills, notes, securities, or 
 other property, shall steal or embezzle such property of or belonging 
 to any such co-partnership, or to such joint beneficial owners, every 
 such person shall be liable to be dealt with, tried, convicted, and 
 punished for the same, as if such person had not been or was not a 
 member of such co-partnership, or one of such beneficial owners ;" 
 and the case above quoted is therefore now only referred to, together 
 with that of Harrington v. Churchward, 6 Jurist, N. S. 576, as 
 showing that remuneration arising out of a per-centage of profits 
 does not necessarily constitute a partnership, at least as between 
 the person so paid for his services and his masters. In the latter 
 case, the Vice-Chancellor Wood, now Lord Chancellor, held tliat the 
 contract into which the parties had entered was a contract of hiring 
 and service only. In the above cases, had there been, as there was 
 not, capital or stock common to those who shared the profits, that 
 additional circumstance would have gone far to show that a partner- 
 ship was in fact intended. (See Eeid v. Holinshead, 4 B. & C. 867 ; 
 i:x parte Chuck, 8 Bing. 469 ; Gilpin v. Enderby, o B. &. A. 954.) 
 At the same time it is not essential to the existence of a partner- 
 ship that there should be any joint stock or capital. If several 
 persons labour together for the sake of gain, and of dividing that 
 gain, they will not be partners the less on account of having no 
 common stock, or plant. Thus in Fremont v. Conpland, 2 Bing. 
 170, also Lovegrove v. Nelson, 3 M. & K. 1, two persons who 
 horsed a coach and divided the profits were held to be partners, 
 although each found his own horses, and the other had no property 
 in them. 
 
 The ordinary agreement between publishers and authors, to the 
 effect that the author shall contribute the manuscript, and the 
 publisher shall, in the first instance, defray the expenses of publi- 
 cation, and repay himself out of the proceeds of the sale of the
 
 70 LAW OF PARTNERSHIP. 
 
 work, and that tlieu the profits sliall be divided, furnishes an in- 
 stance of a partnership confined to profits only (Gardiner v. 
 Chiids, 8 C. & P. 345), although in a recent case, Venables v. Wood, 
 3 Eoss, L. C. on Com. Law, 529, it has been held that authors and 
 publishers are not partners at all ; but even if this is the correct 
 doctrine, there are numerous authorities in support of the position 
 that there may be a partnership confined to profits only. (Eeede 
 V. Bentley, 3 K. & J. 271, and 4 ib. 656 ; AVilson v. Whitehead, 
 10 M. & W. 503 ; Gale v. Leckie, 2 Starkie, 107.) 
 
 Again, it frequently happens that one person has property, and 
 another skill, and the agreement is that the profits alone shall be 
 divided. Such cases are not likely to arise among medical men, 
 although there possibly might be cases of a partnership existing 
 where one partner possessed all the capital, stock, drugs, &c., and 
 the other might simply prescribe in cases of some specialty, to 
 which he devoted himself entirely, and yet he might share in the 
 profits of the whole business. There is nothing in the principles 
 governiug partnerships to prevent one or more partners from agree- 
 ing to indemnify the others against loss, or to prevent full effect 
 being given to a contract of partnership containing such a clause 
 of indemnity. (Bond v. Pittard, 3 M. & W. 357 ; Geddes v. 
 Wallace, 2 Bligh, 270.) Such agreements are, however, necessarily 
 of a complex character, and frequently lead to much litigation, 
 because if the indemnity were construed to extend to the loss of 
 the very advances themselves, and not merely to the losses beyond 
 the advances, the contract would lose its character as a contract of 
 partnership, and become a mere contract of loan. 
 
 It is not unusual for a person who contemplates joining another 
 in business, to agree that such business shall be carried on upon 
 certain terms, not themselves creating a partnership, and to stipu- 
 late for an option to become a partner, either at a specified time, 
 or at any time the person having the option may choose. Such 
 agreements, if hondjide, and not mere colourable schemes for creat- 
 ing a partnership, and at the same time concealing it (Courtenay v. 
 Wagstaff, 16 C. B., N. S. 110), do not create a partnership till 
 such time as the person having the option has exercised it, and 
 elected to become a partner. Such cases may occur as between a 
 master and pupil, or between a principal and assistant. 
 
 And this is the more important in the medical profession, 
 because, notwithstanding the medical acts, it has been decided that 
 although, under the Act of 1858, s. 32, no person shall be entitled 
 to recover any charge in any court of law for any medical or surgi- 
 cal advice, attendance, or for the performance of any operation, or 
 for any medicine which he shall have both prescribed and supplied, 
 unless he shall prove upon the trial that he is registered under the
 
 LAW OF PARTNERSHIP. 71 
 
 Act, it has been iutimated by high authority that if only one 
 member of a firm is duly registered, the requisitions of the statute 
 are complied with. (Turner v. Eaynall, ll- C. B., N. S. 328, per Chief 
 Justice Erie.) " Even if Smith (Turner's partner iu the case) had 
 not been registered at all, I should not," said his lordship, " as at 
 present advised, have felt disposed to yield to the argument urged 
 
 on the part of the defendant How can it matter to the 
 
 patient whether the attendance is given and the medicine dispensed 
 by an assistant, under the supervision of his master, or by one who 
 calls himself a partner and takes a share of the profits?" At all 
 events, as registration at the time of trial has been held sufficient 
 to maiutain an aetiou (lb.), it follows that a pupil not yet qualified 
 might be in partnership with a duly registered practitioner, aud 
 upon being subsequently qualified and registered the day before 
 trial, tlie firm might recover in the action. And, indeed, the firm 
 in such case might recover all claims extending over a period of 
 six years before action brought, under similar circumstances. Of 
 course such an unqualified partner would be liable to be sued for 
 penalties, and might be summarily convicted under the 40th section 
 of the Act, if he had wilfully and falsely pretended to be a medical 
 practitioner recognised by law ; but no disability of a fiscal or penal 
 nature would interfere with the practice of a qualified, though not 
 registered practitioner, and under the cloak of a partnership he 
 could, at least if registered before trial, recover his charges in the 
 name of the firm : and, if Cluef Justice Erie's intimation be ac- 
 cepted by the Courts, it would seem that an unqualified — not merely 
 unregistered — and a qualified practitioner might carry on a partner- 
 ship practice, and so long as the latter was registered, the firm 
 could recover their charges. The penal clause of the Act may be 
 supposed sufiicient to defeat such nefarious practices, but artifices 
 of evasion are not unusually conceived in a spirit of much in- 
 genuity ; for instance, in the case of Pedgrift v. Barriugton Cheva- 
 lier, 8 C. B., (N. S.) p. 246, which was an appeal from a conviction 
 of the Halesworth (Suffolk) Petty Sessions, held on October 26th, 
 1859, under the penal clause of the statute. Among other things 
 it w%as proved that on the door of a house in which the appellant 
 and one Mr. Irwin, a registered surgeon, lived, and for which tliey 
 were jointly assessed to the rates, was a plate in a wooden frame, 
 on which was engraved — 
 
 " Me. PEDQRirT, 
 Mk. IllAVIN, 
 
 Surgeon, Accoucheur, t^'c." 
 
 It appeared that the name of Mr. Pedgrift was on a separate piece 
 of plate from the rest ; but thex-e was no division between the
 
 72 LAW OF PARTNERSHIP. 
 
 names except the line, which was necessarily apparent where the 
 two pieces of plate joined. It also appeared that " surgery " was 
 written on another door, and " Surgeon Accoucheur" on the lamp 
 over the door. The justices considered that the words "Surgeon, 
 Accoucheur, &c.," on the plate, were meant especially to apply to 
 Mr. Pedgrift and Mr. Irwin. Such were the main facts of the 
 ease. Indeed, coupled with the fact that the appellant's name was 
 not found in the copy of the " Medical Register " produced, this 
 was the evidence relied upon by the justices in convicting ; but 
 Chief Justice Erie said, " This case raises a question upon a statute 
 of very grave public importance. A conviction has been brought 
 before us upon an extremely scanty state of facts ; . . . . there is 
 nothing upon the face of the ease to show that the appellant was 
 not a surgeon in practice before the passing of the Act — nothing to 
 show that he had not a diploma or other qualification, or that he 
 was not recognised by law as a surgeon in a sense that he had a 
 right by law to pi'actice as such, and might have enforced payment 
 of fees by action. There is nothing, in fact, to negative his having 
 been a duly qualified surgeon before the passing of the Act. I 
 feel bound, under these circumstances, to say that the conviction 
 must be quashed." 
 
 By several statutes it is unlawful for any person not duly quali- 
 fied to act by himself or anotlier as an attorney or solicitor, or to 
 sufter his name to be made use of upon the account, or for the profit 
 of an unqualified person. An agreement for a partnership between a 
 person duly qualified as an attorney or solicitor and one who is not, is 
 clearly illegal. (Williams v. Jones, 3 B. and C. 108 ; Scott v. Miller, 
 Johns. 220.) The statutes on this subject are very stringent. An 
 offending attorney is liable to be struck off the roll, and for ever 
 after disabled from practising, and the unqualified person to be im- 
 prisoned for one year. Nor can the statutes be evaded by any agree- 
 ment to the effect that the unqualified person shall receive a share 
 of the profits as a salary, and that he shall not be a partner with the 
 other. (Tench v. Roberts, 6 Madd. 145 ; Be Jackson, 1 B. & C. 
 270; Jie Clark, 3 D. & R. 260; and Hopkinson v. Smith, 1 Bing. 
 13.) Neither can an attorney's clerk (unless himself qualified) act 
 as an attorney, under cover of his principal's name (lb. and i?e 
 Palmer, 2 A. & E. 686.) The mere fact of not taking out a certifi- 
 cate is not deemed a disqualification within the meaning of the 
 Act ; it simply, like want of registration under the Medical Act, 
 operates as a barrier to the recovery of fees, or costs, and would 
 make many acts void, as well as render the uncertificated person 
 ineligible for sundry appointments. It is also illegal for two per- 
 sons, one qualified and the other unqualified, to hold themselves out 
 aa partners, and to put both their names to bills of costs and other
 
 LAW OF PARTNERSHIP. 73 
 
 documents in which their names ought not to appear, unless thoy 
 are qualified solicitors. (Edmondson v. Davis, 4 Espinasse, 14.) Upon 
 the whole, the restrictions and discipline for regulating the legal 
 profession are more stringent and severe than those which apply to 
 the medical ; but perhaps a further experience of the working of the 
 present Medical Acts may suggest improvements, not to say remedy 
 imperfections. Whilst upon the subject of partnership, it may not 
 be out of place to refer to the relative rights possessed by prin- 
 cipals and assistants. And here it may be mentioned that as every 
 partner may in general be regarded as the agent of the firm, and as 
 such is endowed with authority to do all acts within the scope of 
 the partnership business so as to bind the firm, each partner would, 
 generally speaking, have authority to hire or discharge such ser- 
 vants, cierhs, or assistants as might be necessary for the purpose 
 of carrying on the business of the partnership. No general rule 
 can be laid down as to what class of servants are entitled to more 
 than the month's warning to which domestic servants are limited. 
 But the Court of Exchequer has held in Todd v. Kerrick, 8 Exch. 
 Eep. 15], that a governess at GOl. a year and board and lodging 
 does not fall within the rule by which a menial or domestic servant 
 may be discharged with a month's notice or a month's wages. The 
 position which she holds, the station she occupies in the family, and 
 the manner in which such a person is usually treated in society, cer- 
 tainly place her in a very diiferent situation from that which mere 
 menial and domestic servants hold. The same may be said of a 
 tutor. But in these and similar eases an arrangement should be 
 made at the time of hiring as to the notice expected or required, or 
 intended to be given. In the absence of any such special agree- 
 ment about notice, the question of notice in the case of assistants 
 to medical practitioners must be determined partly by the custom 
 of the profession. Thus, evidence has been adduced of a usage of 
 trade enabling a master to dismiss a commercial traveller, at 150/. 
 a year, upon giving him three months' notice. (Metzner v. Bolton, 
 9^xch. 518.) On the other hand, evidence has been received of 
 a 'custom in the woollen trade to dismiss an agent at one month's 
 notice. (Parker v. Ibbctson, 27 L. J., C. P. 236.) And in Mortimer 
 V. Prowett, Q. B., IST. P., June 18, 1850, evidence was given to^ 
 show that, where no condition was expressed in the agreement of 
 hiring, it was usual to give a printer one month's or at least a fort- 
 night's notice, a publisher three months, and a sub-editor to the 
 end of the current year. 
 
 It has sometimes been contended, from analogy to the rule ^yhich 
 prevents a yearly tenancy from being determined before that time 
 of the year corresponding with the period when it commenced, that 
 particular yearly hiriugs can only be determined in a similar manner.
 
 74 LAW OF PARTNERSHIP. 
 
 But this point will iu most cases depend upon the particular custom 
 of the trade or business in question. 
 
 There is, of course, a great distinction between a contract of 
 apprenticeship and a contract of service. " A person has a right to 
 dismiss a servant for misconduct, but has no right to turn away an 
 apprentice because he misbehaves" (per Lord Denmaa, iu Wise v. 
 ■\Vilson, 1 Carr & Kirw. 662). And yet, as in this case, there may 
 be a mixed compact, " something between apprenticeship and ser- 
 vice. This plaintiff's son goes to the defendant (a surgeon) to 
 render him assistance in his business, although he is also to pursue 
 his studies ; and, as a justification for his dismissal, the defendant 
 has pleaded, not that the plaintiff's son did not perform all things on 
 his part to be performed, but that he did things injurious to the 
 defendant's practice, and so misconducted himself as to be dangerous 
 to the defendant's practice as a surgeon. It is proved beyond aU 
 doubt, that on some occasions tlie phxintiff's son came to the defen- 
 dant's house intoxicated; but I think," said Lord Denman, "that 
 that alone would not justify the defendant in dismissing him. It 
 is also proved that on several occasions, in consequence of the 
 plaintiff's son coming home late, he could not compound the medi- 
 cines, and employed the shop-boy to do it. Now, I think this 
 aftords matter for serious consideration, and if you (the jury) think 
 that, from tills conduct of the plaintiff's son, real danger was occasioned 
 to his master^s husiness, you ought to find your verdict for the 
 defendant, as the defendant was then, in my opinion, justified in 
 dismissing himy It should, however, be mentioned that in this case, 
 although a premium had been paid, the written agreement was not 
 an indenture of apprenticeship, strictly speaking. 
 
 Arrangements are sometimes made between masters and clerks, 
 travellers, agents, and possibly assistants, of various kinds, under 
 which such persons, iu lieu of receiving a fixed salary, are remune- 
 rated by a portion of the sums received by them on account of their 
 masters, or by a per-centage on their earnings, or by a sum calcu- 
 lated with reference to the gross or net profits (as the case may be) 
 of the principal, or in some similar manner. These various modes of 
 payment, which are generally adopted with a view to secure in- 
 creased exertion, often give rise to a question of considerable im- 
 portance — viz., how far the persons whose services are so remune- 
 rated are to be regarded as partners, and not mere servants, agents, 
 or assistants. "VVhcre the question arises hetween the parties them- 
 selves, the mere fact that the servant was remunerated by a portion 
 of the profits will not alone constitute hira a partner (Peacock v. 
 Peacock, 2 Camp. 45), if it appears from the whole scope of the 
 agreement that the intention of the parties was otherwise. Again, 
 quoad third persons, there might be a partnership, but yet as inter
 
 LAW OF PARTNERSHIP. 75 
 
 se, even a division of profits might amount to nothing more than a 
 compensation for trouble. (Hesketh v. Blauchard, 4 East, 144.) 
 However, in the following case, before referred to, the parties were 
 held not to be partners in any sense : — C. sold to R., and conveyed 
 to him by deed, his interest in the profession and practice of a sur- 
 geon, Sic, for 900Z.— 500Z. to be paid on the execution of the deed, 
 and 400Z. at the end of tlie year. C. covenanted not to practise 
 within three miles of the original place of business, and also that 
 during one year from the date of the deed he would reside there, 
 and carry on the business as before, and introduce R. to the 
 patients, and promote the interest of the concern. In consideration 
 thei-eof E. covenanted to allow C, during the year, a moiety of the 
 clear profits of the concern, to be paid at the expiration of the year, 
 lu an action of covenant brought by C. upon the deed, R. claimed to 
 set off certain sums received by C. during the year from patients, 
 as money received to his use. Chief Baron Pollock refused to re- 
 ceive evidence of the receipt by C. of such sums, on the ground that 
 the parties were partners during the first year. The Exchequer 
 Cliamber, however, reversed this decision, considering that the par- 
 ties were not partners. It has been held that a master was justified 
 in dismissing a clerk, at a yearly salary, who also, at certain periods, 
 received a portion of the profits (but this, the master alleged, was 
 mere gratuity) for claiming to be a partner, as he thereby disclaimed 
 being a servant. (Amor v. Fearon, 9 A. & E. 548.) 
 
 Although the question of whether or not a servant was rightly 
 discharged must of course often depend upon the nature of the 
 services for which he was engaged, and the terms of the engagement 
 itself, it is conceived that, whatever be the nature of the engage- 
 ment, the following acts of either insubordination or impropriety of 
 conduct would justify his discharge notwithstanding : — 
 
 I. Wilful disobedience of any lawful order of his master. 
 
 II. Gross moral misconduct, whether pecuniary or other- 
 wise. 
 
 III. Habitual negligence in business, or conduct calculated 
 seriously to injure his master's business. 
 
 IV. Incompetence, or permanent disability from illness. 
 
 It is unnecessary to say that proper proof must be adduced of 
 the cause or ground of dismissal, should such right to dismiss be 
 dis'jfcted, as, for instance, a few days, or an occasional illness, 
 would not create a permanent disability (Cuckson v. Stones, 28 
 L. J., Q. B. 25) ; neither would a day or two's protracted absence 
 after a vacation had expired, provided the master was not compelled 
 to hire another person, and especially if it did not appear that the 
 assistant's absence was caused by any act of gross immorality
 
 76 LAW OF PARTNERSHIP. 
 
 (Pilleiil V. Armstrong, 7 A. & E. 557), amount to habitual negli- 
 gence, or conduct calculated seriously to injure bis master's 
 business. 
 
 As a partnership contract is one tbat need not be created by 
 any writing whatever, and that even persons who are not partners 
 may nevertheless be liable to third persons as if they were, it is 
 necessary to be careful to avoid even the appearance of a partner- 
 ship where such does not in reality exist. 
 
 A g[uasi partnership (rendering the members of it liable to third 
 parties) may be proved by showing a holding out to the plaintiff 
 as such ; and if in attempting to establish a quasi partnership a 
 real partnership should be shown to exist, the liability of the 
 persons sought to be charged will only be established the more 
 completely. It is, therefore, always desirable to reduce to writing 
 the terms of any agreement between principal and assistant, so 
 that no doubt may exist as to their relative positions whether 
 as between themselves or others — and such agreement should be 
 properly stamped. And in an agreement for a partnership it is 
 always better to define in writing the limits within which such 
 co-ordinate powers are to be exercised. Besides, in some cases the 
 agreement, in order to be valid under the Statute of Frauds, must 
 be in icriting. The 4th section of that statute enacts " that no 
 action shall be brought whereby to charge any person upon any 
 agreement that is not to be performed within the space of one year 
 from the making thereof, unless the agreement upon which such 
 action shall be brought, or some memorandum or note thereof, 
 shall be in writing, and signed by the party to be charged therewith, 
 or some other person thereunto by him lawfully authorized." To 
 illustrate the effect of this prohibition ; an agreement that a part- 
 nership shall commence between the parties at some time distant 
 more than a year from the making of the agreement is not binding 
 unless some note or memorandum thereof is in writing and 
 duly signed. (See per Justice Holroyd, in Williams v. Jones, 
 5 B. & C. 108.) 
 
 But there is yet another prohibition contained in the former 
 portion of the same section — viz., " that no action shall be brought 
 whereby to charge any person upon any contract or sale of lands, 
 tenements, or hereditaments, or any interest in or concerning them, 
 unless such agreement or some memorandum or note thereof ^lall 
 be in writing, and signed by the party to be charged therewit^or 
 some other person thereunto by him lawfully authorized." Should, 
 then, any interest in or concerning the premises where the business 
 is carried on be contracted for, as the word " lands " includes 
 " houses," and the word " tenements " is still more comprehensive, 
 the agreement could not be enforced unless it or some note or
 
 LAW OF PARTNERSHIP. 77 
 
 memorandum of it were in writing and signed according to the 
 requirements of the statute (s. 4). 
 
 And furtlier, no contract for the sale of any goods for the price 
 of 10^. sterling or upwai'ds shall be allowed to be good, except the 
 buyer shall accept part of the goods so sold, and actually receive 
 the same or give something in earnest to bind the bargain or in 
 part of payment, or that some note or memorandum in writing of 
 the said bargain be made and signed by the parties to be charged 
 by such contract or their agents thereunto lawfully authorized 
 (s. 17). If, therefore, in a contract for the sale of a practice any 
 goods, such as drugs, surgery fittings, or furniture, for the price of 
 101. or upwards, are included, the above requirements must be 
 strictly observed.
 
 78 
 
 CHAPTER IX. 
 
 THE LAW OF LIFE ASSURANCE AS AEFECTING THE MEDICAL 
 PBOPESSION. 
 
 It is proposed to consider in this chapter the duties of medical 
 referees both with recjard to the person proposing the insurance 
 and the insurance oflice with which such proposer is in treaty. 
 Medical referees are too prone to cousider themselves as acting on 
 belialf of the proposer, and in practice give the most favourable 
 answers which they conscientiously can to facilitate the issue of the 
 policy. In a recent leading case in the Exchequer Chamber, the 
 judges on that occasion, as well as in the Court below, have definitely 
 decided that " In cases where the representations of the referees 
 are made the basis of the policy, the answers of the referees are 
 binding upon the insured, so as to make the falsehood of their re- 
 presentations an answer to an action on the policy ; but in the 
 present case," said the Court, " considering that the parties insuring 
 were only required to state their belief as to the matter under dis- 
 cussion, and that the life and the referees were really acting iu 
 fraud, both of the plaintiffs and the defendants, and that they were 
 not at all in the capacity of persons negotiating the contract, we 
 can see no pretence for making them the agents of the parties 
 insuriug, so as to render their fraud that of the plaintiifs." And again 
 — " The insurer and the insured being equally ignorant of material 
 facts to influence their contract, if the insurer asks for informa- 
 tion, and the insured does his best to put the insurer in a situa- 
 tion to obtain the information, and to form his own opinion whether 
 the information is sincere, can it be permitted that when the 
 insurer, without any blame being attributed to the insured, baa 
 allowed himself to be deceived, he shall be able to say to the insured, 
 ' Tou warranted all the information I received to be true, and 
 having received your premiums for many years, now the life drops, I 
 tell that you I was incautious and the policy I gave you a nullity ?'" 
 (Wheetton v. Hardisty, 3 Jurist, N. S. 1170 ; 5 Jur. N. S. 14.) 
 In the explanation of this case it should be mentioned that the
 
 THE LAW OF LIFE ASSURANCE. 79 
 
 plaintiffs were the directors of a reversionary interest company, 
 who, having failed to effect an insurance upon the life in question 
 in tlie European ofBce, had insured the same life — viz., that of a 
 tenant for life— in the office of the defendants. The plaintiffs had 
 been no parties to the false statements of either this tenant for 
 life, his usual medical attendant, or his private friend, upon which 
 statements the defendants appear to have relied ; but the papers of 
 the European office were handed to the defendant's office by the 
 plaintiffs, and the medical officers of the defendant's office never 
 even saw the tenant for life, but accepted the proposal in the 
 names of the plaintifls, and in the form filled up ; in lieu of the 
 usual statements as to health and habits, the secretary of the 
 reversionary company wrote, " See papers received from the Euro- 
 pean Company," and added, ""We (the plaintiffs) do hereby declare 
 that we believe that the above particulars and statements are 
 true." 
 
 No doubt, the most perfect bona fides is to be observed in life 
 insurances as in other contracts ; and should the referee make a 
 li'UfuUij untrue statement, or collude with the party making the 
 proposal, he may, although not personally interested in the contract, 
 render himself liable to an action if loss should ensue (Pasley v. 
 Freeman, 3 Term Eep. 51) ; for if a man will wickedly assert that 
 which he knows to be false, and thereby draws his neighbour into a 
 heavy loss, even though it be under the specious pretence of serving 
 his friend, he makes himself liable for the damage, and that even 
 if no fraud was intended by him. (Watson v. Poulson, 15 Jur. 
 1111 Exch.) A statement false in f\ict, but not known to be so by 
 the party making it, or not made with intent to deceive, but, on 
 the contrary, believed to be correct, will not render him liable in 
 an action, although it may have induced the insurers to undertake 
 the insurance, and they may have suffered pecuniary loss thereby, 
 since to support an action of deceit the scienter must be proved. 
 (Shrewsbury v. Blount, 2 M. & G. 475 ; Eawlings v. Bell, 1 C. B. 
 951 ; Chandelor v. Lopus, 1 Smith's Lead. Cas. 77.) 
 
 How this liability might be enforced in practice, and in what 
 cases, it would be beyond the province of this work to inquire. It 
 is sufficient here to state the general liability in such cases, princi- 
 pally to guard against its occurreiice. 
 
 Medical referees of parties proposing insurances on their lives 
 have of late years laid claim to a fee for their certificates, and to 
 this there can be no objection ; but in claiming the fee of the 
 insurance office, and not of the patient, tiiey have pushed the pro- 
 position too far. The point has been raised in cases tried in tliree 
 different Small Debts Courts, and has signally fiiiied. (Philbrick v. 
 "Whetham, 4th Oct. 1850, Colchester County Court ; Hooper v.
 
 80 THE LAW OF LIFE ASSURANCE. 
 
 The Gresham Life Assurance Company, June 1851, Sborediteli 
 County Court ; and Duplex v. The Economic Life Office, Aug. 
 1852, in the Sheriffs' Court, before Mr. Kussell Gurney.) As 
 there are no authorized Reports of County Court cases to 
 which to refer the reader, the substance of these cases will be 
 found set out in the Appendix. As a matter of policy, it would 
 seem to be to the companies' interest to pay the fees, since of 
 course it is optional to the medical man to reply to the letter 
 of application without the fee ; or if, after declining to give in- 
 formation without payment, the company continue to request the 
 information, they would be bound to pay for it. 
 
 All insurance offices are naturally desirous to consult with the 
 medical man who has been last in attendance on the life to be insured 
 (Morrison v. Musprat, 4 Bingham, 60) ; and where the reference was 
 made to a person who had been the ordinary medical adviser, but 
 no mention was made of the person attending at the time of the 
 insurance, the policy was vacated. (Everett v. Desborough, 5 Bing. 
 503 ; Hutton v. The Waterloo L. A. C, 1 E. & E. 735 ; Cazenove 
 V. The British Equitable A. C, 6 C. B., N. S. 437.) At the same 
 time, a reference to a person who, immediately before the time at 
 which the policy is effected, has been casually consulted for 
 trifling maladies, will not satisfy the requisition for a reference 
 to the usual medical attendant, although the person who had 
 formerly attended may have retired from practice at the time. 
 (Huckman v. Fernie, 3 M. & W. 505.) " Who is your usual 
 medical attendant ?" involves a question of considerable impor- 
 tance. "Now," said Lord Abinger (Chief Baron), in the case just 
 cited, " let it be considered for a moment what is the grammatical 
 sense of that question. It is in the present tense. Suppose a 
 person goes to effect a policy on his life who had no medical 
 attendant in the last year : if the answer to the question were, 
 ' I have no such medical attendant,' must not that question of 
 necessity be followed by another question, which is, ' Who was your 
 former medical attendant ?' The terms and nature of the question 
 show that it was designed to extract from the person who is the 
 medical attendant best able to give an account of her constitution 
 at that time ; and if she has no medical attendant in the precise 
 grammatical sense of the question, it appears to me that she is 
 bound to mention who is the medical attendant who could give 
 that information." Also, " the word ' usual,' " said the same 
 authority, " implies having attended more than once." 
 
 Again, in another case, the plaintiff, wishing to insure the life 
 of a man named House, referred the agent of the company to him 
 for the necessary information for filling up the declaration, and he 
 stated, " I have never had occasion for a doctor: sometimes I have
 
 THE LAW OF LIFE ASSURANX'E. 81 
 
 taken Harvey's quack pills, but Mr. V. knows as much of me as 
 any man." The plaintill" signed the proposal, stating that Mr. V. 
 was the usual medical attendant. It was proved at the trial that 
 Mr. V. had not attended House for nearly twenty years, but that 
 he had occasionally been attended, after fits of intemperance in 
 which he was wont to indulge, by a quack doctor named Harvey : 
 of this the plaintifi' was unaware. The Court decided that it was 
 no matter Avhcther Dr. Harvey was a good medical attendant or 
 not, he was the person actually attending him : tliat the circum- 
 stance that the plaintiff was ignorant of the error did not affect the 
 question, but that the policy was void. Hence it seems that it is 
 not necessary that the usual medical attendant should be a regularly 
 qualified practitioner : it is suiScient that he acts in that capacity. 
 And, a fortiori, a qualified medical practitioner, though not regis- 
 tered, may be thus designated. (Everitt v. Desborough, 5 Bing. 
 p. 503.) 
 
 In order to constitute moral fraud in any one, it is not necessary 
 that the statement should be fixlse to the actual knowledge of the 
 party making it ; if untrue in fact, and not believed to be true by 
 the parties making it, and made for a fraudulent purpose, it is both 
 a legal and a moral fraud. (Taylor v. Ashton, 11 M. & W. -±15.) 
 
 Although two sisters of the insured had died young, of consump- 
 tion, the evidence of the usual medical attendant, that consumption 
 could not be detected in the insured until some months after the 
 proposal to the company was made, is evidence ^ro tanto to rebut 
 any imputation of fraud in that respect ; but in reply to the 
 question, " Have you ever been proposed to, or declined by, any 
 other office ? If so, name it," the answer tilled in by the agent 
 being, " I have been and am still in correspondence with other 
 offices, as the amount to be insured is large," — the fact being that 
 eight offices had refused, and in one instance only had a proposal 
 been accepted — amounted to a wilful suppression of the fact that 
 other offices had been applied to and had refused the life, and 
 allowing another to act on a belief cf facts known to be untrue 
 was fraud. {In re The General Provincial Life x\ssurauce Com- 
 pany, ex 2^a7'tel>amtvee. Before Malins, X.C, January 21, 1S70.)
 
 82 
 
 CHAPTEE X. 
 Section I. 
 
 THE PUBLIC HEALTH (COMMON AND STATUTE LAW). 
 CONTAGIOUS AND INFECTIOUS DISEASES. 
 
 I'he doing of any act by wliicli the health of the public might bs 
 endangered, whether by the propagation of an infectious disease, 
 or by erecting any establishment which might corrupt the air by 
 noxious exhalations, was ever a great misdemeanour at common law. 
 
 Three diseases were formerly regarded with the utmost horror — 
 the plague, the syphilis, and the leprosy ; and the strictest precau- 
 tious were taken to prevent the propagation of them, especially the 
 first and the last named. 
 
 It was at one time generally believed that syphilis was so conta- 
 gious as to render the mere presence of a person suffering from it 
 dangerous to others ; and the very ancient writ " De leproso 
 amovendo" would appear to have been directed against syphilis 
 quite as much as against leprosy. 
 
 It is thus described in Fitzherbert's " Natura Brevium," coupled 
 with a commentary supposed to be written by Lord Chief 
 Justice Hale : — 
 
 " AV^here a man is a lazar or a leper, and is dwelling in any town, 
 and he will come into the church, or amongst his neighbours 
 where they are assembled to talk with them, to their annoyance 
 and disturbance ; then he or they may sue forth this writ to 
 remove him from their company." 
 
 " But it seemeth, if a man be a lazar or a leper, and will keep 
 within his liouse, and will not converse with his neighbours, that 
 then he shall not be moved out of his house. But there are divers 
 manners of lepers ; but it seemeth that the writ is for those lepers 
 who appear to the sight of all men that they are lepers by their 
 voice, and their sores, and the putrefaction of their flesh, and by the 
 smell of them. But for those who are infected with that disease in 
 their bodies, where it doth not appear outwardly upon their bodies, 
 qucEre, whether such writ lieth to remove them." (Fitzh., " Xatura 
 Brevium," p. 233.) The writ speaks of " the contagion of the
 
 CONTAGIOUS AND INFECTIOUS DISEASES. 83 
 
 disease," and directs that such diseased person sliould be "seen 
 and diligently examined by certain discreet and lawful men who 
 have the best knowledge of such disease," and if he be found to be 
 a leper " then without delay'' he is to " be carried aAvay, and 
 removed from the communication of his neighbours, to a solitary 
 place, to dwell there, as the custom is, lest by his common conversa- 
 tion damage or peril should in any wise happen to the said men." 
 " Lazars" are said to be included in the writ, and Dr. Johnson 
 derives the term " lazar" from " Lazarus in the Gospel," who is not 
 described as a leper in the common acceptation of that term — i.e., as 
 afflicted with the " mala scabies" — but as " covered with sores ;" and 
 open and putrefying sores seem to be the description of leprosy, or 
 contagious disease, according to Hale, against which the writ was 
 directed, rather than against that description of leprosy which " did 
 not appear outwardly upon the body" in the manner before 
 described by the learned commentator. 
 
 The exposing, by carrying, a child infected with small-pox along 
 a public way, near to dwelling-houses, &c., to the great danger of 
 infecting persons there passing, is a great ijiisdemcanour at common 
 law. (Rex v. A^antandillis, 4 Maule & Selwyn, p. 73.) " There can 
 be no doubt," said INIr. Justice Le Blanc, in passing sentence, 
 " that if a person unlawfully, injuriously, and with full knowledge 
 of the fact, exposes in a public highway a person infected with a 
 contagious disorder, it is a common nuisance to all the subjects, 
 and indictable as such. No person having a disorder of this 
 description upon him ought to be publicly exposed to the en- 
 dangering of the health and lives of the rest of the subjects." 
 
 The first statute relating to the plague is that of 2 Jac. I., c. 
 31, which declared that all infected persons going abroad with 
 any infectious sore upon them, uncured, should suffer death as 
 felons ; but if such persons had not such sore found upon them, 
 they were to be punished as vagabonds. And similar regulations 
 were afterwards incorporated into several acts relating to quaran- 
 tine, the principal of which are the 9th Anne, c. 2, and 6 Geo. IV., 
 c. 78. Although, until recently, inoculating for the small-pox was 
 not illegal in itself, yet in an indictment charging the defendant, 
 an apothecary, with inoculating for that disease and injuriously 
 causing the infected person to be carried along a public street, &e., 
 INIr. Justice Le Blanc observed that the introduction of vaccination 
 did not render the practice of inoculation for the small-pox unlaw- 
 ful, but that it was at all times unlawful, and an indictable oil'ence, 
 to expose persons infected with contagious disorders, and, there- 
 fore, liable to communicate them to the public, in a place of public 
 resort, (E. v. Burnett, 4 Maule & Sohvyn, 271.) 
 
 Modern legislation on the question of the public health might 
 
 g2
 
 8i THE PUBLIC HEALTH. 
 
 be the subject of almost a work in itself. It is not proposed, 
 therefore, in the present chapter, to do more than briefly refer to 
 such Acts (for the most part) as more immediately relate to infec- 
 tious and contagious diseases ; for, however the whole of this branch 
 of legislation may be deemed within the compass of a purely medi- 
 cal treatise, the object of the present work is, as has been before 
 remarked, necessarily confined to those laws which directly aifect, 
 not so much the public, qua public, but the medical practitioners, 
 as members of a particular profession. 
 
 It will not, therefore, be desirable to allude to such Acts as relate 
 to the establishment of baths and washhouses, however beneficial 
 they may be in a sanitary point of view ; nor yet to those which 
 have reference to the supply of water to, and the sewerage, drain- 
 age, cleansing, and paving of towns and populous places, however 
 these may promote the health and comfort of their inhabitants ; 
 nor yet to the Acts to prevent the spreading of contagious and in- 
 fectious disorders amongst sheep, cattle, and other animals, or to 
 prevent the adulteration of articles of food or drink, however such 
 may check the supply of unwholesome food. Neither will such 
 Acts as have been passed to abate nuisances arising from the smoke 
 of furnaces or steam-vessels be deemed within the province of this 
 work, even though such exhalations may be sometimes noxious, as 
 well as offensive, the object being to devote the few pages allotted 
 to this subject to a consideration of those laws whose tendency is 
 directly to prevent diseases, and not merely indirectly to promote 
 the greater salubrity of the population. 
 
 The first Act, therefore, which calls for attention is the 23 & 24 
 Yict., c. 77, amending the existing Acts for the Eemoval of Nuisances 
 and the Prevention of Diseases, and constituting certain bodies 
 therein named the local authorities to execute the " Nuisance Ee- 
 moval Act," and repealing all former enactments constituting a local 
 authority for the execution of the "Diseases Prevention Act" 
 (except those contained in the " Metropolitan Local Management 
 Act "), and directing that the Board of Guardians, or the over- 
 seers of the poor (as the case may be) where there is no board of 
 guardians, shall be the local authority for executing the " Diseases 
 Prevention Act," who are thereby directed to provide carriages for 
 the conveyance of infected persons suffering from contagious or 
 infectious diseases, and two justices at petty sessions, upon proper 
 complaint, may order the removal of a nuisance on any private 
 premises, and the guardians of any union, or parish not within an 
 union, may at any time employ oue of their medical officers to 
 make inquiry and report upon the sanitary state of the union or 
 parish. And by the 29 & 30 Vict., c. 90 (styled the " Sanitary 
 Act, 1866 "), s. 22, the nuisance authority, which shall mean any
 
 CONTAGIOUS AND INFECTIOUS DISEASES. 85 
 
 authority empowered to execute the " Nuisance Removal Act," s. 15, 
 ujjou tlie certificate of any legally qualified medical practitioner, 
 may direct the owner or occupier of any house, or part tliereof, to 
 cleanse and disinfect tlie same, and in default of compliance with 
 such order the nuisance authority shall cause such to be disinfected 
 at the expense of the owner or occupier, or, in the case of the 
 poverty of such persons, then the authority may, with the consent of 
 the owner or occupier, at his own expense, cleanse and disinfect 
 such house, &c., and any articles therein likely to retain infection. 
 The same authority is required to provide a proper place for the dis- 
 infection of woollen articles of clothing or bedding free of charge. 
 
 An infected person entering a public conveyance without notify- 
 ing that fact to the owner or driver will be liable to a penalty 
 of 5Z. 
 
 And, with the consent of the superintending body of a hospital 
 within the district of a nuisance authority, any justice may, upon a 
 certificate signed by a duly qualified medical practitioner, direct the 
 removal to such hospital, at the cost of the nuisance authority, of 
 any person sutfering from any dangerous, contagious, or infectious 
 disorder, being without proper lodging or accommodation, or lodged 
 in a room occupied by more than one family. A penalty of 5/. is 
 imposed upon any one suftering from any dangerous infectious dis- 
 order, who wilfully exposes himself without proper precaution in any 
 public place or public conveyance ; and also upon any one in charge 
 of such person so exposing the sufferer, and any owner or driver of 
 a public conveyance who does not immediately provide for the 
 disinfection of his conveyance after it has, with his knowledge, con- 
 veyed any such sufferer; and any person who, without previous 
 disinfection, gives, lends, sells, transmits, or exposes any bedding, 
 clothing, rags, or other things which have been exposed to infection, 
 shall be liable to a like penalty. 
 
 And if any person knowingly let any house or room in which any 
 person suffering from any dangerous infectious disorder has been, 
 to any other person, without having first disinfected the same to the 
 satisfaction of a qualified medical practitioner, testified by his certifi- 
 cate, such person shall be liable to a penalty of 20/. 
 
 By the 31th section of the Medical Act (185S), the words " legally 
 qualified," or " duly qualified medical practitioner," when used in auy 
 Act of Parliament, shall be construed to mean a person registered 
 Under that Act. 
 
 By the Sanitary Act of 1866 (29 & 30 Yict., c. 90), s. 37, the 
 sewer authority, or in the metropolis the nuisance authority, may 
 provide for the use of the inhabitants within its district hospitals 
 or temporary places for the reception of the sick. And by the 
 amended Sanitary Act (31 «& 32 Vict., c. 115), the same authorities
 
 86 THE PUBLIC HEALTH. 
 
 shall have the like power to make provision for the temporary 
 supply of medicine and medical assistance for the poorer inhabitants 
 as it now has to provide hospitals or temporary places for the recep- 
 tion of the sick under the above section of the former Act. But 
 such latter power shall not be exercised without the sanction of her 
 Majesty's Privy Council. 
 
 By the AYorkshop Eegulation Act (1867), 30 & 31 Vict., c. 146, 
 " if npon the complaint of any officer of health, inspector of 
 nuisances, or other officer appointed by a local authority, or of any 
 superintendent of police, it appears to any justice of the peace that 
 there is reasonable cause for believing that any of the provisions of 
 the Sanitary Act, 1866, are contravened in any workshop, such justice 
 may, by written order, empower the complainaut to enter such 
 workshop at any time within forty-eight hours from the date of 
 such order, and examine any person whom he finds in such work- 
 shop touching any matter within the provisions of the Act, or of 
 the Sanitary Act." 
 
 By the 3 & 4 Wm. IV., c. 103, ss. 11 & 12, no child under the 
 age therein specified was to be employed in any factory or mill 
 without having personally appeared before some surgeon or physician 
 of the place or neighbourhood of its residence, and submitted itself 
 to his examination, nor unless he certified to having had a personal 
 examination or inspection of such child, and that such child was of 
 the ordinary strength and appearance of children of such age — such 
 certificate to be within three months of its date countersigned by 
 some inspector, or justice. 
 
 Under 7 & 8 Vict., c. 15, s. 8, inspectors of fiictories were em- 
 powered to appoint a sufiicient number of persons practising surgery 
 or medicine to be such certifying surgeons, and in every such ap- 
 pointment specify the factories or districts for which each surgeon 
 is appointed ; but every such appointment, and every order annulling 
 such appointment, might be revoked by the Secretary of State upon 
 appeal made to him. And the inspector of the district is required 
 to make known the names of the certifying surgeons to the occu- 
 piers of the factories in that district ; but no surgeon being the 
 occupier of a factory, or having a beneficial interest in any factory, 
 shall be a certifying surgeon. A form of certificate is given in the 
 schedule annexed to the Act, and the former counter-signature is dis- 
 pensed with. By section 10, no surgical certificate given by any 
 than a certifying surgeon shall be of any force unless given by a 
 person duly authorized by an university or college, or other public 
 body having such authority, to practise surgery or medicine, and 
 countersigned, according to the form to the Act annexed, by a 
 justice, not being the occupier of a factory, nor the father, son, or
 
 CONTAGIOUS AND INFECTIOUS DISEASES. 87 
 
 brother of the occupier of a factory, in the presence of tlie person 
 named therein, and upon proof of his identity. 
 
 By section 11, personal inspection of the person named in the certi- 
 ficate is required, and the examination of the person and signature of 
 the surgical certiiicate must be made at the factory, except special 
 cause be allowed by an inspector ; and if a certifying surgeon refuses 
 such certificate, he must specify in writing, according to the form 
 given, his reasons for such refusal. 
 
 By section 12, the occupier of a foctory and the certifying 
 surgeon may agree in writing for the payment for the exami- 
 nation of persons for whom surgical certificates are required ; 
 and if the terms of such agreement are in conformity with the 
 regulations for the guidance of surgeons which shall be made by the 
 inspector of the district, and shall be countersigned by the inspector, 
 all penalties incurred by either party for breach of the contract 
 may be recovered as other penalties under this Act may be recovered, 
 and shall be applied as other penalties under this Act are to be 
 applied, and no such agreement shall be liable to stamp duty. 
 
 By section 13, an inspector shall fix the amount of fees to be paid 
 by the occupier of a factory to the certifying surgeon, and also the 
 times when such surgeon shall visit such factory, provided he be re- 
 quired to fix such fees and visits by such occupier. And such fees 
 shall in no case, where the surgeon shall examine more than one per- 
 son, exceed Is. for each person, together with 6d. for every half mile 
 beyond one mile from such surgeon's residence, and such fees, in- 
 cluding mileage, shall not be less than I*, nor more than 5s. for 
 any one visit, except he have to examine on any one visit more 
 than ten persons, in which case he shall receive Qd. per head, instead 
 of all other fees ; and where the factory is situate within one mile 
 of such surgeon's residence the fee shall not exceed 2s. Gd. for each 
 visit, except he shall at any one visit examine more than five persons, 
 in which case he shall receive Gd. per head, instead of all other 
 fees ; and no certifying surgeon shall receive more than Gd. for any 
 certificate signed by him elsewhere than at the factory. 
 
 Further, by the 22nd section, if an accident should occur in a 
 factory causing any bodily injury to any person employed therein, 
 so as to prevent such person from returning to his work before 
 nine on the following morning, the occupier of the factory or his 
 agent is required within twenty-four hours of such absence to send 
 notice in writing to the surgeon appointed to grant such certifi- 
 cates, and the surgeon shall send a copy of such notice by nost 
 to the sub-inspector of the district, and without delay proceed to 
 such ftictory and fully investigate the cause of such injury, and within 
 twenty-four hours send to the inspector a report thereof.
 
 88 THE PUBLIC HEALTH. 
 
 Bj the 53rd section, although the surgical certificate shall be 
 evidence in the first instance of the age of the person named 
 therein, it shall not protect any person knowing such person to be 
 less than the age certified from any penalty for employing or con- 
 niving at the employment of such person otherwise than is allowed 
 by the Act ; and in any proceeding for employing any person con- 
 trary to the Act, a declaration in writing by the certifying surgeon, 
 that he has personally examined such person and believes him to be 
 under such age as set forth in such declaration, shall be evidence in 
 the first instance, until the contrary shall be made to appear. 
 
 In 8 & 9 Vict., c. 29 (an Act to regulate the labour of children, 
 young persons, and women in print works), the above enactments 
 are incorporated. 
 
 By 16 & 17 Vict., c. 104, the 3 & 4 Wm. IV., c. 103, the 7 & 8 
 Vict., c. 15, the 10 & 11 Vict., c. 29, and the 13 & 14 Vict., c. 54, as 
 amended by this Act, are to be construed together as one, and all 
 the Factory Acts are, by 27 & 28 Vict., c. 48, directed, by section 6, 
 to be incorporated with it, and to apply to the several manufactures 
 and employments therein mentioned. And finally, by 30 & 31 Vict., 
 c. 103 (1867), entitled "An Act for the extension of the Factory 
 Acts," the 14th section gives power, in the case of blast furnaces 
 and iron mills, to the Secretary of State, by written order, to dis- 
 pense with surgical certificates given by certifying surgeons, and 
 substitute therefor such other regulations as to proof of the age of 
 children and young persons, and of their bodily health and capacity 
 of working daily for the time allowed by such Acts, as he may 
 think expedient. 
 
 Section II. 
 
 By the Contagious Diseases Act, 1866, 29 & 30 Vict., c. 35, the 
 A dmiralty or the Secretary of State for War may appoint a medical 
 ofiicer for each of the places to which the Act applies, to be visiting 
 surgeon for the purposes of the Act ; and also a medical officer to 
 be assistant to any such visiting surgeon. 
 
 And the same authorities may appoint a medical officer to be in- 
 spector of certified hospitals, and another to be an assistant inspector. 
 
 And the same authorities may provide buildings as hospitals, to 
 be certified as such. 
 
 And b}' the 15th section, where an information upon oath is laid 
 before a justice by a superintendent (which includes inspector) of 
 police, to the efftct that he has good reason to believe that a woman 
 named in the information is a common prostitute, and either is resi- 
 ■ dent within the limits to which the Act applies, or, being resident 
 w ithin five miles of those limits, has within fourteen days from the
 
 CONTAGIOUS AND INFECTIOUS DISEASES. 89 
 
 laying of the information, been within those limits for the purpose of 
 prostitution — which power is extended by the 32 & 33 Vict., c. 90, 
 amending the former Act and repealing the above section, to women 
 resident within ten miles of those limits, or having no settled place 
 of abode, who have, within the period before named, been either 
 within those limits for the purpose of prostitution, or been outside 
 of those limits for the same purpose, in the company of men resident 
 within those limits — the justice may direct a notice to be served 
 upon such w^oraan ; and whether she appears or not in obedience to 
 such summons, upon proof of its due service upon her the justice 
 present, on evidence given upon oath substantiating the charge, may 
 order the woman to be subject to a periodical medical examination 
 by the visiting surgeon for any period not exceeding one year. 
 Time and place for conducting such examination are to be specified 
 in the order. 
 
 And further, any woman in any place to which the Act applies 
 may voluntarily, by a submission in writing duly signed, subject 
 herself to such medical examination. 
 
 The visiting surgeon is to prescribe the times and places at which 
 such woman is to attend for examination from time to time. 
 
 And if any such woman is found to be affected with a contagious 
 disease, or is in such a condition that she eannot be properly 
 examined at that time, she shall be liable to be detained in a certified 
 hospital — in the latter case for not more than five days — to enable 
 the surgeon properly to examine her ; and the visiting surgeon shall 
 sign a certificate in triplicate that she is so afi'ected, or that he 
 believes she is, naming the hospital in which she is to be placed, and 
 one of the oriirinals shall be delivered to the woman, and the others 
 to the superintendent of police. And any such woman may, if she 
 thinks fit, place herself in the certified hospital named in the certi- 
 ficate, for medical treatment ; but if after certificate she neglects to 
 do so, the superintendent of police, or a constable acting under his 
 orders, shall apprehend her and convey her to the hospital, where she 
 shall be detained until she receives a written discharge by the chief 
 medical officer of such hospital. 
 
 The certificate before mentioned shall be both a sufficient autho- 
 rity for apprehending and detaining her. 
 
 The inspector of such hospitals may direct the transfer of such 
 woman from one hospital to another. But no woman is to be de- 
 tained uuder any one certificate for a longer period than three 
 months, unless the chief medical officer of the hospital, and the in- 
 spector of such hospitals, or the visiting surgeon for tlie place 
 whence she came or was brought, conjointly certify that her further 
 detention for medical treatment is requisite, in which case she may 
 be detained until discharged by the chief medical officer in writing,
 
 90 THE PUBLIC HEALTH. 
 
 but SO that no woman be detained under one certificate for a longer 
 time in the whole than six mouths, extended by sec. 7 of the Act of 
 1869 to nine mouths. A justice may interpose to discharge the 
 ■woman, if the chief medical officer refuses to discharge her, if upon 
 reasonable evidence he be satisfied that she is free from such disease ; 
 and upon her discharge she shall be sent to the place of her resi- 
 dence, if she desires, without expense to herself. If a woman has 
 ceased to be a common prostitute, and desires to be relieved from 
 the periodical medical examination, she being not under detention 
 at the time in a certified hospital, the visiting surgeon may, upon 
 proof that she has so ceased, by written order direct that she be 
 relieved. 
 
 Such are the chief provisions of these Acts, so far as they relate to 
 the duties of the medical officers. The places to which the Acts 
 apply are — 
 
 Aldershot. Sheerness. 
 
 Canterbury. ShorncliiFe. 
 
 Chatham. Southampton. 
 
 Colchester. "Winchester. 
 
 Dover. Windsor. 
 
 Gravesend. Woolwich. 
 
 Maidstone. The Curragh. 
 
 Plymouth and Devouport. Cork. 
 
 Portsmouth. Queenstown. 
 
 VACCINATION. 
 
 Section III. 
 
 The Acts relating to vaccination are the 3 & 4 Vict., c. 29 : 
 amended by 4 & 5 Vict., c. 32 ; extended and made compulsory by 
 16 & 17 Vict., c. 100; consolidated and amended by the present 
 Act (1867). By this Act (the 30 & 31 Vict., c. 84), the former 
 Acts, together with certain clauses in others incidentally connected 
 with the duties of registrars, are with certain exceptions, repealed. 
 The guardians of every union or parish where the same shall not 
 have been divided into districts for the purpose of vaccination, are 
 directed — unless such union or parish be of so limited an extent as 
 not to require subdivision, in which case it shall be treated as a 
 vaccination district — forthwith to divide it into districts for the per- 
 formance of vaccination, and they shall enter into a contract with 
 some duly registered medical practitioner for the vaccination of all 
 persons resident within the district. No person to be appointed 
 such public vaccinator, or act as deputy to such, who shall not 
 possess the qualifications required by the Privy Council.
 
 CONTAGIOUS AND INFECTIOUS DISEASES. 91 
 
 The Privy Council may order to be paid to such public vaccinators, 
 over and above the payments received from the guardians, further 
 payments not exceeding 1*. for each child whom the vaccinator has 
 successfully vaccinated during the time to which the award relates. 
 
 Such contracts shall only provide for payment for successful 
 vaccinations — for every such vaccination done at an appointed 
 station at or within one mile from the residence of the vacci- 
 nator, or in the workhouse, not less than Is. Qd. ; at any station 
 over one mile and under two from his residence, not less than 2s. ; 
 at any station over two miles, not less than Ss. In respect of success- 
 ful vaccinations performed elsewhere, payment to be according to 
 terms specified in the contract. The parent of every child born in 
 England is required, within three months after its birth, or where, 
 by reason of the death of the parent or otherwise, any other person 
 shall have the custody of such child, such person is required, within 
 three months after receiving such child, to cause it to be vaccinated 
 by the public vaccinator or some medical practitioner. And if the 
 operation is performed by the public vaccinator, the child is to be 
 again brought to him within one week to be inspected, and, if neces- 
 sary, to be re-vaccinated and again inspected. 
 
 If a child has been three times unsuccessfully vaccinated, and is 
 insusceptible of vaccination, or has already had the small-pox, upon 
 the public vaccinator or medical practitioner delivering a certificate 
 to that effect the child shall no longer be required to be vaccinated. 
 Every public vaccinator, having successfully vaccinated any child, is 
 required within twenty-one days after the operation to transmit, by 
 post or otherwise, a certificate to that effect to the registrar of births 
 and deaths of the district within which the birth was registered ; 
 but if such is unknown to him, then to tbe registrar within whose 
 district the operation was performed, and upon request to deliver a 
 duplicate thereof to the parent or otherwise, for which certificate 
 no fee is to be charged. If paid by the child's parent, &c., for per- 
 forming the operation, he shall not be entitled to payment under 
 his contract also, and vice versa. 
 
 Where the operation is privately performed by a private medical 
 practitioner, the parent, or otherwise, shall submit a certificate to 
 be signed by him, and shall within twenty-one days transmit it as 
 aforesaid. The penalty for neglecting to cause such child to be 
 vaccinated, or after vaccination to be inspected, without reasonable 
 excuse, is 20s. upon summary conviction. Any person, as before 
 mentioned, who sliall neglect to transmit any certificate required of 
 him within the time specified, and every public vaccinator who 
 shall refuse to deliver the duplicate to the parent, &c., on request, 
 and every medical practitioner who shall refuse to fill up and sign 
 the certificate of successful vaccination, shall be liable to the same
 
 92 THE PUBLIC HEALTH. 
 
 peDalty ; and every person who shall wilfully sign a false certificate 
 or duplicate shall be punishable for a misdemeanour. 
 
 By the 32nd section of this Act, any person who shall hereafter 
 produce, or attempt to produce, in any person, by inoculation 
 with variolous matter, or by wilful exposure to variolous matter, 
 or to any matter, article, or thing impregnated with variolous 
 matter, or by any other means whatsoever produce the disease 
 of small-pox in any person, shall be liable to be proceeded against 
 summarily, and if convicted to be imprisoned for one year. 
 
 Upon an appeal to the Court of Queen's Bench from a conviction 
 of the magistrates of Huntingdon, the point raised upon the appeal 
 was. Did a previous conviction emancipate the appellant from all 
 liability to future penalties for persistently refusing to have his 
 child (a girl under fourteen years of age) vaccinated ; or was he 
 liable to punishment and a fresh conviction every time he was in- 
 formed against, as for a contempt of the law ? According to the old 
 Act, 16 and 17 Vict., c. 100, notice with respect to the vaccination of 
 children had to be given by the registrar before the child reached 
 the age of four months ; and by a decision of the Court of Queen's 
 Bench in 1862 (Eilcher v. Stafford), it was decided that under that 
 Act there was no power to convict a parent a second time for 
 non-compliance with the law. The Act of 1867, however (30 & 31 
 Vict., c. 84), was intended to remedy the defects of the old law, 
 and by sec. 31 extended the age of children during which compulsory 
 vaccinatioil could be enforced to fourteen years. It also provided 
 that upon the production of a medical certificate that a child was 
 an unfit subject for vaccination, there was not to be a conviction 
 (sec. 18). In the present case there was such a certificate ; but 
 inasmuch as the magistrates came to the conclusion that the prac- 
 titioner furnishing it had been influenced iu giving it by his own 
 conclusions as an opponent of the vaccination theory, they again 
 convicted the appellant. The Chief Justice, in giving judgment, said 
 that although the sections of the new Act were very inconsistent 
 with each other, still upon the w^hole he was able to come to the 
 conclusion that the magistrates were justified in their decision. 
 It might be that they had decided too hastily that the medical 
 practitioner had allowed his mind to be warped by certain theories 
 respecting the advantages of vaccination ; but that involved a ques- 
 tion of fact with which this Court had nothing to do. (Allen, ap- 
 pellant, V. Worthy, respondent — in the Court of Queen's Bench, 
 before the Lord Chief Justice, Mr. Justice Mellor, and Mr. Justice 
 Hannen, Jan. 15, 1870.) By this decision convictions under this 
 Act may follow toties quoties — a parent is charged with being in 
 continual contempt of the law.
 
 93 
 
 CHAPTER XI. 
 
 THE LAW EELATINa TO IDIOTS, LUNATICS, OE PERSONS OF TN- 
 SOUND MIND, AND INCAPABLE OE MANAGING THEIR OWN 
 AFFAIRS ; AS ALSO THE NATURE AND DEGREE OF INSANITY 
 WHICH WILL RELIEVE A PERSON FROM THE PENAL CONSE- 
 QUENCES OF CRIME. 
 
 It would be quite inconsistent with tlie object and character of 
 this work to enter upon the abstract question of insanity, or to 
 attempt to give any dogmatic definition of that unhappy malady. 
 Much less would it be consistent with that impartiality which dif- 
 ferent schools of thought have alike a right to expect in a treatise, 
 not upon the theory of disease, whether mental or bodily, but upon 
 the practical application of the laws towards the general alleviation 
 of human infirmity, that any particular view should be promi- 
 nently indicated as containing a more accurate or comprehensive 
 definition than another. 
 
 Medical practitioners may have to certify to the sanity or in- 
 sanity of a person, whether with a view to a civil temporary de- 
 tention of such person, for the protection of himself and his pro- 
 perty, or for the purpose of saving him from the infliction of a 
 penalty which he has already, perhaps, most justly incurred, but 
 which from his subsequent loss of reason it would be barbarous to 
 carry into eftect. In these cases the medical practitioner must ace 
 upon his own judgment and belief, always bearing in mind the 
 heavy responsibility attaching to his decision, both as regards 
 society as well as the individual, and remembering that he ought 
 at any time to be prepared, as he may at any time be called upon, 
 to give the reasons of the decision at which he has arrived. 
 
 On the other hand, the medical witness in a court of justice 
 may be required to state symptoms for the guidance of others (that 
 is, of the jury). He may be cross-examined as to his definition of 
 insanity ; and if asked his opinion upon a certain state of facts (as 
 in some cases is permitted, as we shall presently see), he should be 
 prepared with a clear and comprehensible definition, avoiding as 
 much as possible professional technical terms, and should be able to 
 give a lucid and sound reason for the opinion he may have formed.
 
 94; THE LAW RELATING TO 
 
 Bearing these remarks in mind, it is proposed now to consider the 
 first class of cases, in which a medical man is requested to examine, 
 with a view to ulterior proceedings, an individual suspected of 
 insanity. He may be requested by the private friends — by 
 some civil authority, from the Lord High Chancellor to the Board 
 of Guardians of the neighbouring TJniou ; or he may, in the case 
 of a criminal charge, be deputed by the local magistrates, by the 
 Judge at the assizes, or by Her Majesty's Secretary of State, to 
 undertake this always delicate and sometimes most difficult task. 
 Take the following piece of legislation on this subject as relating to 
 public oflences. By 1 & 2 Vict., c. 14, s. 2, in all cases of persons 
 then in custody, as apprehended under circumstances that denote a 
 derangement of mind and a purpose to commit crime, under or by 
 virtue of any warrant or commitment made by any justice of the 
 peace ; and after the passing of the Act, in the cases of persons 
 who shall be discovered and apprehended under circumstances that 
 denote a derangement of mind and a purpose of committing some 
 crime for which if committed such persons would be liable to be 
 indicted, it shall be lawful for any two justices of the peace to call 
 to their assistance a physician, surgeon, or apothecary, and if upon 
 such view and examination and due proof they should be satisfied 
 that such persons are insane or dangerous idiots, they are empowered 
 to direct the removal of such persons to the county lunatic 
 asylum, &c. 
 
 By the 3rd section. — In the case of any person in custody at the 
 time of the passing of the Act, having been apprehended under the 
 above circumstances, if it appeared upon examination, &c., by the 
 physician, &c., as before appointed, that such person was not insane 
 and might be suffered to go at large with safety, such medical person 
 is thereby reqiiired to give a certificate to that effect, to be forwarded 
 to the Secretary of State, who, if he shall think fit, shall order the 
 liberation of such person from custody. This Act is referred to 
 principally as an illustration of the immense importance of a 
 correct judgment in such matters. Here are two magistrates and a 
 Secretary of State trusting entirely to the judgment of, perhaps, an 
 apothecary, as to whether persons already in custody, under circum- 
 stances denoting a derangement of mind and a purpose of com- 
 mitting crime, are to be at once let loose upon society, to say 
 nothing of the personal liberty of such persons, as well as that of 
 those not as yet committed, being almost entirely dependent upon 
 the like judgment, requiring much scientific knowledge and medical 
 acumen. 
 
 Attain : by 3 & 4 Vict., c. 54, if any person while im- 
 prisoned under any sentence of death, &c., or under a charge 
 of any offence, or for not finding bail, or in consequence of auy
 
 PERSONS OF UNSOUND MIND. 95 
 
 summary conviction, shall appear to be insane, any two justices 
 of the peace, with the aid of two physicians or surgeons, are 
 empowered to inquire as to the sanity of such person ; and 
 upon such person being certified to be insane, a Secretary of 
 State shall, upon receipt of such certificate, direct the removal of 
 such person to a lunatic asylum, there to be detained in 
 custody until it is duly certified to the proper authorities by two 
 physicians or surgeons that such person has become of sound 
 mind. The provisions of this Act were no doubt grossly abused in 
 the case of Townley, a prisoner under sentence of death, and a 
 great scandal arose to the medical profession. The certificates of 
 the medical men summoned by the justices, attesting insanity, 
 resulted in a reprieve at almost the last moment. Upon some 
 medical commissioners being sent subsequently — i.e., within a 
 month from the date of these certificates — to examine the state of 
 mind of the prisoner, they reported hira to be of sound mind ; but 
 as, after such an anxious interim, it would have been impossible to 
 execute the capital sentence, it was commuted to penal servitude for 
 life. It is right to add that the prisoner afterwards destroyed him- 
 self. These instances of the responsibility attaching to medical 
 evidence in such cases are probably sufficient for the purposeintended. 
 
 Although this case led to an alteration in the practice of the law, 
 as will be subsequently seen, the principle involved remains the same. 
 
 Such evidence being embodied in certificates is, of course, of a 
 more general character, and less open to criticism than that given 
 orally in open Court. 
 
 Before, however, entering upon the subject of evidence in open 
 Court, a brief review of some of the provisions of the Lunacy Acts 
 may here be introduced. 
 
 According to 16 & 17 Vict., c. 97, s. 74, no person (not a pauper) 
 can be received into or detained in any asylum without a written 
 order from some person, and an annexed statement of particu- 
 lars of such person, and two medical certificates signed by two 
 physicians, surgeons, or apothecaries, not being in partnership, 
 nor the one an assistant to the other, and each of whom shall 
 separately from the other have personally examined the person to 
 whom the certificate relates, not more than seven clear days pre- 
 vious to the reception of tlie person into the said asylum, and 
 such order, as before mentioned, may be signed before or after the 
 medical certificates, or either of them. But under special circum- 
 stances, to be set forth in the statement, the certificate of one 
 medical practitioner will suffice, provided that within three days 
 from the reception of the patient two other such certificates shall 
 be signed by two other medical practitioners, each of whom shall 
 not be in partnership with or assistant to the other, or the medical 
 practitioner who signed the certificate on which the patient was
 
 96 THE LAW RELATING TO 
 
 received. See Schedule (F), Nos. 2 & 3. And any person detain- 
 ing such patient in an asylum for more than three days without 
 such further certificates shall be guilty of a misdemeanour, and the 
 like if he receives such person without such order and certificate or 
 certificates. Lunatics found so by inquisition are excepted from 
 these regulations (25 & 26 Vict., c. Ill, s. 22). 
 
 Form of Medical Certificates in tlie Cage of Private Persons 
 (not Paupers). 
 
 I, the undersigned, being a physician, surgeon, or apothecary (as 
 the case may be) [here set aid the qualification entitling the person 
 certifying to practise as a physician, surgeon, or apothecary, ex. gra., 
 being a Fellow of the Eoyal College of Physicians of England], and 
 being in actual practice as a physician, surgeon, or apothecary {as 
 the case may he}, hereby certify that I, on the day of 
 
 at \Jiere insert the * street and number of the house {if any) or 
 other the particulars'], in the county of [in any case 
 
 where more than one medical certificate is required hy this Act, here 
 insert, separately from any other medical practitioner], personally 
 examined A. B., of [insert residence, and profes- 
 
 sion or occupation, if any], and that the said A. B. is a lunatic (or 
 an idiot, or a person of unsound mind), and a proper person to be 
 taken charge of, and detained under care and treatment, and that 
 I have formed this opinion upon the following grounds — viz , facts 
 indicating insanity observed by myself [here state the facts']. 
 
 Other facts (if any) indicating insanity, communicated to me by 
 others [here state the information, and from who^n]. 
 
 (Signed) 
 
 (Place of abode.) 
 Dated this day of , 18 . 
 
 By section 10 of 16 & 17 Yict., c. 96, the medical practitioner 
 certifying is required to specify the facts upon which he has formed 
 his opinion as to the lunacy, idiotcy, or unsoundness of mind of the 
 person referred to in the certificate, and to distinguish such facts 
 observed by himself from those communicated to him by others ; 
 and no person shall be received into any registered hospital, or 
 licensed house, or as a single patient, under any certificate which 
 purports to be founded only upon facts communicated by others, 
 and a similar requirement is contained in 16 & 17 Yict., c. 97, s. 75. 
 
 And by section 11, power is given, after the reception of the 
 lunatic, to amend the order or the certificate or certificates upon 
 which he was received, if incorrect or defective, within fourteen days 
 next after the reception of such lunatic, provided such amendment 
 
 * For want of this particularity such a certificate was held to be bad. (Keg. 
 V. Pinder, 24 L. J., Q. B. 148.)
 
 PERSONS OF UNSOUND MIND. 97 
 
 sTiall receive the sanction of one or more of the commissioners. Of 
 course the definition of " [)hysician, surgeon, &c.," is now regulated 
 by the Medical Acts. (See 25 & 26 Vict., c. Ill, s. 47.) 
 
 And by the 12th section, no medical practitioner, who. or whose 
 father, brother, son, partner, or assistant is wholly or partly pro- 
 prietor of, or a regular professional attendant in a licensed house 
 or hospital shall sign any certificate for the reception of a patient 
 into such house or hospital. And no medical practitioner shall, 
 by himself or his agents, board or lodge in any unlicensed house, or 
 take the charge of any person upon any certificate signed by him- 
 self, his father, brother, son, partner, or assistant ; and no such 
 medical practitioners, having signed any certificate, shall be the 
 regular professional attendant of such person while under care 
 under such certificate ; and no such medical practitioners, who, or 
 whose fathers, brothers, sons, partners, or assistants respectively, 
 shall sign the order required for the reception of a patient, shall 
 sign any certificate for the reception of the same patient. A 
 similar provision is contained in 16 & 17 Vict., c. 97, s. 76. And any 
 one pecuniarily interested in the payments made by or on account 
 of any patient, and any " Medical Attendant," as defined by the 
 Lunacy Act, 8 & 9 A^ict., c. 100, shall be prohibited from signing 
 any certificate or order for the reception of a private patient into 
 any licensed or other house (25 & 26 Vict., c. Ill, s. 24), the defi- 
 nition of " medical attendant" being " every physician, surgeon and 
 apothecary who shall keep any licensed house, or shall in his medical 
 capacity attend any licensed house, or any asylum, hospital, or other 
 place where any lunatic shall be confined." 
 
 These regulations, it will be seen, are very stringent, and require 
 to be rigidly adhered to, as medical practitioners giving false certi- 
 ficates, or any one signing a certificate as a medical man when he is 
 not so, shall be deemed guilty of a misdemeanour (section 18) ; but a 
 medical practitioner doing any act contrary to the provisions of this 
 Act (and not declared to be a misdemeanour) shall for every such 
 offence forfeit 201. 
 
 With respect to evidence adduced in open court, especially in 
 criminal cases, the extreme importance of the subject demands the 
 consideration which it deserves. And here, it may be observed, 
 the medical witness should above all tilings avoid making hmiself 
 appear in the light of a partisan of any particular medical theory, 
 or as a sympathizer with either side. The facts of the case are all 
 the witness has to consider, even if asked his opinion upon the case 
 itself. The judge ar.d the jury have to decide upon the responsibility 
 of the prisoner, and the medical evidence should be confined to the 
 question whether the accused is insane in the sense in which it is 
 understood by law. The medical witness may be asked whether 
 
 H
 
 98 THE LAW RELATING TO 
 
 in Lis opinion such and such acts amount to insanity, but he has 
 nothing whatever to do with the question of responsibility. It is 
 for the jury to say whether the accused knew the nature of the act 
 he was committing, anfl whether or not he knew he was doing wrong. 
 
 Although, in general, a witness cannot be asked what his opinion 
 upon a particular question is, since he is called for the purpose of 
 speaking as io facts only, yet, where matter of skill and judgment 
 is involved, a person competent to give an opinion may be asked 
 what that opinion is. Thus, an engineer may be called to say what, 
 in his opinion, was the cause of a harbour being blocked up. 
 (Folkes V. Chad., 3 Douglas 157, 4 TermEep. 498, S.C.) It is the 
 constant practice to examine medical men as to their judgment 
 with regard to the cause of a person's death who has suffered vio- 
 lence ; and where, on a trial for murder, the defence was insanity, 
 the judges to whom the point was referred were all of opinion that 
 in such a case a witness of medical skill might be asked whether, 
 in his judgment, such and such appearances were symptoms of 
 insanity, and whether a long fast, followed by a draught of strong 
 liquor, was likely to produce a paroxysm of that disorder in a 
 person subject to it. Several of the judges doubted whether the 
 witness could be asked his opinion on the very point which the 
 jury were to decide — viz., whether, from the other testimony given 
 in the case, the act with which the prisoner was charged was, in 
 his opinion, an act of insanity. (E. v. Wright, Eussell and Eyland, 
 456.) On the authority of the above case. Justice Park, on an 
 indictment for cutting and maiming, allowed a medical man who 
 had heard the case to be asked whether the facts and appearances 
 proved showed symptoms of insanity. (R. v. Searle, 1 Moo. & E. 75.) 
 And it seems, in M'Naughten's case, such questions were allowed 
 to be asked. (2 Eussell on Crimes, by Grreaves, 925 n). A ques- 
 tion may arise in these cases whether, where a witness, a medical 
 man, called to give his opinion as a matter of skill, has made a 
 report of the appearances or state of facts at the time, he may be 
 allowed to read it as part of his evidence. The practice in Scotland 
 is as follows : — A scientific witness is always directed to read his 
 report, as affording the best evidence of the appearances he was 
 . called on to examine ; yet he may be, and generally is, subjected to 
 a further examination by the prosecutor's counsel, or to a cross- 
 examination on the prisoner's part ; and if he is called on to state 
 any facts in the case unconnected with his scientific report — as 
 •conversations with the deceased, confessions made to him by the 
 prisoner, or the like — he stands in the situation of an ordinary 
 witness, and can only refer to the memoranda to refresh his memory. 
 (Alison's Practice Crim. Law of Scotland, p. 541.) 
 
 Without venturing to give a distinct scientific definition of 
 insanity, it may be mentioned that the law does not recognise litoral
 
 PERSONS OF UNSOUND MIND. 99 
 
 insanity ; indeed, it would be a higlily dangerous doctrine to hold 
 as irresponsible those who, however perverted may be their afiee- 
 tions or moral feelings, have given no indications of disturbed 
 reason. For, after all, in every case of true insanity the intellec- 
 tual disturbance is more or less present, however difficult sometimes 
 it may be of detection. Moral insanity is not, therefore, admitted 
 as a bar to responsibility in either civil or criminal cases, except in 
 80 far as it may be accompanied by intellectual disturbance ; and 
 even intellectual disturbance, if limited to the aftection of insane 
 delusions, will not be a bar to criminal responsibility if the accused, 
 even though acting under the influence of the insane delusion, but 
 not in other respects insane, and the act with which he is charged 
 being at the same time contrary to the law of the land, he had a 
 sufficient degree of reason to know that he was doing an act that 
 ■was wrong. The accused in such case is assumed to know that the 
 act was contrary to the law of the land, as the law is administered 
 upon the principle that every man must be taken conclusively to 
 know it, without proof that he does know it. Indeed, no actual 
 knowledge of the law is essential in order to lead to a conviction ; 
 but if the accused was labouring under such a defect of reason 
 from disease of the mind as not to know the nature and quality of 
 the act he was doing, or, if he did know it, that he did not know 
 he was doing wrong, that is such a degree of insanity and such a 
 quality of insanity as alone will relieve a person from criminal 
 responsibility. (See Answers of the Judges to the House of Lords, 
 M'Naughten's case, ante, vide Appendix.) 
 
 Insanity is frequently feigned by persons accused of criminal 
 offences in order to procure an acquittal or discharge. The follow- 
 ing remarks (the result of a learned judge's experience, as furnished 
 to Dr. Taylor by the writer himself) may be useful to those engaged 
 in the preliminary examination of such persons. " It may be safely- 
 held that a person feigning insanity will rarely, if ever, try to prove 
 himself to be sane ; for he runs the great risk of satisfying others 
 that he is sane — the conclusion he desires to avoid. But there is 
 no better proof, in general, that the insanity (supposing other evi- 
 dence to be strong) is real, than keen, eager attempts by the accused to 
 prove that he is sane, and strong and indign.-nit remonstrances against 
 being held to be insane, although that would protect himself against 
 trial and punishment." (Taylor's Medical Jurisprudence, p. 85.) 
 
 One question asked by the House of Lords of the judges in 
 M'Naughten's case was, " Can a medical man, conversant with the 
 disease of insanity, who never saw the prisoner previous to the 
 trial, but was present during the whole trial and the examination 
 of all the witnesses, be asked his opinion as to the state of the pri- 
 soner's mind at the time of the commission of the alleged crime, or 
 
 h2
 
 100 THE LAW RELATING TO 
 
 his opinion whether the prisoner was conscious at the time of doing 
 the act that he was acting contrary to hiw, or whether he was 
 labouring under any and wliat delusion at the time ?" In answer 
 thereto the judges said, " We think the medical man, under the 
 circumstances supposed, cannot in strictness be asked his opinion 
 in the terms above stated, because each of those questions involves 
 the determination of the truth of the facts deposed to, which it is 
 for the jury to decide : and the questions are not mere questions 
 upon a matter of science, iu which case such evidence is admissible. 
 But where the facts are admitted, or not disputed, and the ques- 
 tion becomes substantially one of science only, it may be convenient 
 to allow the question to be put in that general form, though the 
 same cannot be insisted on as a matter of right." 
 
 It may be convenient here to mention a case of feigned insanity, 
 which shows how easily medical men as well as non-professional 
 persons may be deceived by a skilful impostor. 
 
 At the Lewes Winter Assizes, Dec. 1856, the prisoner (E. v. 
 Ball), a ticket-of-leave man, was convicted of housebreaking and 
 sentenced to fifteen years' transportation. After the trial, and 
 when in gaol, the prisoner simulated madness so successfully that 
 he effectually deceived tliree visiting justices and two medical men ; 
 and a certificate was about to be signed for his removal to a lunatic 
 asylum, when the deception was discovered by the man having made 
 a confidant of one of his fellow-prisoners. He had previously, in 
 1851, after having been convicted of robbery at Leicester, whence 
 he was sent to Millbank, feigned insanity, and succeeded on that 
 occasion in deceiving the medical officers, who certified that he was 
 a lunatic, and he was accordingly removed to Bethlehem Hospital, 
 where after two years he obtained a ticket-of-leave. 
 
 Doubtless there have been many inconsistent verdicts arrived 
 at by juries, but the general tendency of such a tribunal is to lean 
 to the side of a merciful construction of the acts of an accused, 
 especially where a plea of insanity is set up ; but until juries are 
 taken from a more educated class of society they can scarcely be 
 expected to exhibit that nice appreciation of subtle distinctions 
 which the medical witness too frequently endeavours to import 
 into the case. They may be, for the most part, men of good 
 common sense, perfectly capable of judging from the evidence 
 whether the accused knew at the time of the commission of the 
 offence that he was doing that which was wrong, and yet may be 
 wholly incompetent to deal with subtle distinctions between "de- 
 mentia," "amentia," "mania," "dipsomania," or even " lunacy," or 
 the pathological causes of any such forms of insanity. The object 
 of the law is to present to them the case shorn of technicalities, 
 and to ask then) whether they believe, in the case before them, that 
 the prisoner was at the time labouring under such a total defect of
 
 PERSONS OF UNSOUND MIND. 101 
 
 reason that he was wholly unconscious that he was doing wrong. 
 In Friince the juries, at least in capital cases, are taken from the 
 superior classes of society. They are comprised of men of intellect, 
 education, and position ; but with us such persons enjoy a privi- 
 leged exemption, practically, from serving on common and petty 
 juries, being for the most part on the grand jury or special jury 
 panel of the assizes ; and at quarter sessions, where now all cases 
 except those of the greatest magnitude are triable, these same 
 classes compose the bench of magistrates who there act as judges ; 
 and the quarter sessions grand jury absorbs the class immediately 
 below these in the social scale, — so that the petty jury panel, both 
 at quarter sessions and assizes, is necessarily composed of but one 
 class, viz., the small shopkeepers or farmers, men whose very 
 avocations, be it said without any disparagement to their gene- 
 ral good sense, are but ill calculated to prepare their minds for 
 the consideration and decision of abstruse and subtle disqui- 
 sitions on points of science, after all, more curious than practical. 
 
 JVitJi respect to civil cases, or the rules tvhich slwuJd regulate a medical 
 practitioner's conduct in dealing with idiots, lunatics, or persons of 
 unsound mind and incapable of managing their oivn offairs. 
 
 As this treatise professes to be neither a work on Medical Juris- 
 prudence nor yet one on the general Law of Lunacy, but simply on 
 the laws relating to the Medical Profession, a disquisition on the 
 Law of Lunacy would not be within its province or scope, any more 
 than would a treatise on Forensic Medicine, in itself an exhaustive 
 subject, be compatible with the limits prescribed to the author. 
 
 A. medical practitioner may sometimes be called upon, not only to 
 certify, but also to make affidavit, as to the state of mind of a 
 person the subject of a petition for the issue of a commission " De 
 lunatico inquirendo," or in the nature of " De lunatico inquireudo." 
 
 The costs of this inquiry, which have frequently been ruinously 
 expensive, are not only greatly reduced by 16 & 17 Vict., c. 70, but 
 the process very much simplified by 25 & 20 Vict., c. 86, termed 
 " The Lunacy Eegulation Act, 1862," where the property of the 
 alleged lunatic does not exceed lOOOZ. in value, or the income 
 thereof does not exceed 50Z. per annum ; and the 3rd section enacts 
 that " the inquiry to be made under every order or commission of 
 lunacy or issue shall be confined to the question, whether or not 
 the person who is the subject of the inquiry is at the time of such 
 inquiry of unsound mind, and incapable of managing himself or his 
 afl'airs, and no evidence as to anything done or said by such person, 
 or as to his demeanour or state of mind at any time being more than 
 two years before the time of the inquiry, shall be receivable in proof 
 of insanity on any such inquiry, or on the trial of any traverse of 
 an inquisition, unless the judge or master shall otherwise direct."
 
 102 THE LAW RELATING TO 
 
 By the 12tli section, " where by the report of one of the Masters in 
 Lunacy, or of the Commissioners in Lunacy, or by affidavit or other- 
 wise, it is established, to the satisfaction of the Lord Chancellor, that 
 any person is of unsound mind and incapable of managing his aftairs, 
 and that his property does not exceed the amount before-mentioned, 
 the Lord Chancellor, without directing any inquiry under a com- 
 mission of lunacy, may make such order as he may consider ex- 
 pedient for the purpose of rendering the property of such person, 
 or the income thereof, available for the maintenance or benefit of 
 or for carrying on his trade or business : Provided that the alleged 
 insane person shall have such personal notice of the application for 
 such order as the Lord Chancellor shall by general order direct." 
 
 Under this Act medical practitioners may frequently be called 
 upon to assume almost the entire responsibility of furnishing upon 
 affidavit the information required in such cases, and it therefore 
 becomes of the utmost importance to consider the meaning of the 
 term " unsound mind" as applicable to such proceedings. 
 
 In re W. F. Windham, a case which excited at the time much 
 public interest, the law was thus stated by the Master in summing 
 up to the jury : — 
 
 " What the jury had to decide was, whether Mr. Windham was 
 of such sound mind as to be able to govern himself and his affairs. 
 In the time of Lord Hardwicke it was necessary to find a man 
 absolutely insane ; but in 1802, Lord Eldon declared that the Court 
 of Chancery thought itself authorized to issue a commission, pro- 
 vided it were made out that the party was unable to act with any 
 proper and provident management, was liable to be robbed by any 
 one, or (and ?) was labouring under that imbecility of mind which, 
 though not strictly insanity, equally required the protection of the 
 law. Lord Lyndhurst, in 1827, adopted the ruling of Lord Eldon, 
 which might be taken, therefore, as an authoritative declaration of 
 the law of England. Another doctrine laid down by Lord Eldon, 
 and sanctioned by his successors, was, that if a jury found merely 
 the incapacity of an alleged lunatic to manage his affairs, and did not 
 infer from it unsoundness of mind, upon that finding a commission 
 could not go on, though the party might be living where he was 
 exposed to ruin every instant. From all this it resulted that, in 
 order to justify a verdict against Mr. Windham, the jury must be 
 satisfied that he was incapable of governing himself and his aftairs 
 by reason of unsoundness of mind. Mere weakness of character ; 
 mere liability to impulse or susceptibility of influence, good or 
 bad ; mere imprudence, extravagance, recklessness, eccentricity, or 
 immorality — no, not all these put together would suffice, unless 
 they believed themselves justified, on a view of the whole evidence, 
 in referring them to a morbid condition of intellect." — Times, 
 30th January, 1862.
 
 PERSONS OF UNSOUND MIND. 103 
 
 The distinction between an idiot and a lunatic, or person of un- 
 sound mind, was important in the early state of tlie law, as tlie 
 custody of the idiot (or idiota a natioitcite) and his lands were 
 vested in the lord of the fee, and eventually by common consent in 
 the King, as lord paramount and " pater patriae," that he might at 
 the death of the idiot render the same to the right heirs, fiuding 
 the idiot in the interim necessaries alone. An idiot was deemed a 
 natural fool — one that hath no understanding from his nativity — 
 and therefore presumed by law never likely to attain any (Fitz- 
 herbert's JVatura Brevium, 233) ; whereas in the case of a lunatic, or 
 rather a non compos — for the word " lunaticus" is not used in the 
 original writ or early statute on the subject, but the definition in 
 the writ is idiota a casu et infirmitate, and in the statute " aliquis 
 qui prius habuit memoriam et intellectum non fuerit compos mentis 
 suo sicut quidani sunt perlucida iutervalla," the King provided for 
 the safe custody of their lands without waste or destruction, and 
 the competent maintenance of their households, with the profits of 
 the same, and the residue, after thus providing for their sustenance, 
 was to be kept for their use, to be delivered up to them when they 
 were restored to their right mind ; so that their lands and tene- 
 ments should in no respect be alienated — and the King took nothing 
 of the profits to his own use. But now for the purposes of the 
 inquiry in the nature of " De lunatico," the distinction is of no 
 moment. Important changes have of late years been made in the 
 law on this subject by 16 & 17 Vict., c. 70, and 25 & 26 Viet., 
 c. 86 ; one object of which has been the " removing or diminishing 
 the delays and expenses now attending in the execution of com- 
 missions in the nature of writs ' De lunatico inquirendo,' and the 
 proceedings consequent on inquisitions taken thereon." 
 
 The 25 & 26 Vict., c. S6, amending the 16 & 17 Vict., c. 70, de- 
 clares in sec. 2 that the word " lunatic" as used in the Acts is to 
 be construed to mean " any person found, by inquisition, idiot, lu- 
 natic, or of unsound mind, and incapable of managing himself or 
 his aftairs," so that it is now quite unnecessary to consider within 
 which definition to describe an alleged non compos. It is suflicieut 
 that he be found to be of unsound mind, and incapable of managing 
 himself or his aj"airs. But upon this very point a medical witness 
 may be summoned to give evidence either ^>ro or con, and here it may 
 be repeated no amount of intemperance, not even notorious drunken 
 and profligate habits, will satisfy therequiremeuts of the statute, unless 
 such, to use the words of the Master in Mr. Windham's case, can 
 be referred " to a morbid condition of intellect." "Drunkenness 
 alone," said Lord Cottenham, "is not sufficient." But if the mind 
 is completely weakened by habitual drunkenness, so that it can no 
 longer be deemed sound, though such unsoundness was originally 
 contracted Dy this vice, such a state, coupled with an incapacity of
 
 104< THE LAW RELATING TO 
 
 managing Lis affairs (and of the incapacity of managing himself in 
 such case there would be no doubt), would satisfy the statute. 
 
 It may sometimes happen that a medical attendant is asked to 
 witness and perhaps, in the absence of a legal practitioner, to draw 
 up the will of a patient. It should be remembered, therefore, that 
 the witness to a will attests the sanity of the testator, and should 
 he afterwards attempt to impeach the testator's sanity his evidence 
 would be regarded with great suspicion, and would require corrobo- 
 ration. A will made by a lunatic during a lucid interval would be 
 valid. (See Beverley's case, 4 Eep. 1236 ; Kemble v. Church, 
 5 Haggard, 273.) But then the attesting witnesses would be doubt- 
 less required to prove the lucid interval. Lord Hardwicke has 
 observed, in connexion with this subject, that fraud and imposition 
 upon weakness may be a sufficient ground to set aside a will, al- 
 though such weakness is not a sufficient ground for a commission 
 of lunacy. (2 Vesey, -108.) In Mountain v. Bennett, Cax. 355, a 
 will, after much conflicting evidence as to the testator's mind, was 
 supported principally on the evidence of the attesting witnesses, 
 persons of high character and respectability, who were unanimous 
 as to the testator's sanity and freedom from control. 
 
 A suspicion is justly entertained of a will in favour of a medical 
 attendant in whose house the testator resided, (James v. Moody, 
 P.C.C. 16 ; Major v. Knight, 4 No. Cas. 661 ; Cockcroft v. Eawles, 
 ib. 237) ; but it seems that this suspicion goes no further than to 
 necessitate somewhat stricter proof as to the testator's cajjacity, 
 though not as to his knowledge of the contents of the will (Barry 
 V. Batlin, 2 Moo. P.C.C. 480) ; for where the capacity be duly 
 proved, the testator will be deemed cognizant of the contents of the 
 will. (Browning v. Budd, 6 Moo. P.C.C. 435.) If a will be rational 
 on the face of it, and it is proved to have been duly executed, it is 
 presumed, in the absence of evidence to the contrary, that it was 
 made by a person of competent understanding. And though an in- 
 quisition finding a man a lunatic is prima facie evidence of lunacy 
 (luring the whole period covered by such inquisition, yet it does not 
 preclude proof that the execution of a will, or any other act, occurred 
 during a lucid interval. (Hall v. Warren, 9 Vesey, 605 ; Cooke v. 
 Cholmondeley, 2 Mac. & Gr. 22 ; and Bannatyne v. Bannatyne, 16 
 Jurist, 864.) 
 
 The principle is ably laid down by Sir W. Wynn in Cartwright 
 V. Cartwright, 1 Philli'more, 100 :— " If you can establish," said the 
 learned judge, " that the party afflicted habitually by a malady of 
 the mind has intermissions, and if there was an intermission of the 
 disorder at the time of the act, that being proved is sufficient, and 
 the general habitual insanity will not atiect it; but the effect of it 
 is this, that it inverts the order of proof and of presumption ; for until
 
 PERSONS OF UNSOUND MIND. 105 
 
 proof of habitual insanity is made, tlie presumption is that the party, 
 like all huinau creatures, was rational ; but where an habitual in- 
 sanity in the mind of the person who does the act is established, 
 then the party who would take advantage of the fact of an interval 
 of reason must prove it." 
 
 The mere absence, however, of any apparent delusion must not 
 be mistaken for a lucid interval ; the disease may nevertheless exist. 
 To coTistitute a lucid interval, absence of the disease itself, not of 
 the delusion only, must be shown. (Waring v. Waring, 6 Moo. 
 P.C.C. 341, and Creagh v. Blood, 2 J. «fc Lat. 509 ; Dyce Sombre v. 
 Troup, 1 Deane, 22.) As the only object of this dissertation has 
 been to show that the law permits a person of hitherto unsound 
 mind to make a will, if at the time he has recovered his senses and 
 is of a disposing mind ; and as his medical attendant would be the 
 best authority on that point, and would probably be asked to attest, 
 if not, in the absence of legal assistance, even to reduce the patient's 
 wishes to writing, this is thought to be a fitting place to make a 
 few remarks on the same. The statute 1 Vict., c. 26, s. 9, provides 
 " That no will shall be valid unless it shall be in writing, and 
 executed in manner hereinafter mentioned : that is to say, it shall 
 he signed at the foot or end thereof by the testator, or h;j some other 
 person in his behalf and by his direction ; and such signature shall 
 be made or acknowledged by the testator in the presence of two or 
 more witnesses present at the same time ; and such witnesses shall 
 attest and shall subscribe the will in the presence of the testator, but 
 no form of attestation shall be necessary T 
 
 In the first place. — Two witnesses are required. 
 
 Secondly. — The signature of the testator must be somewhere 
 near to the end of the instrument, and so as not to be im- 
 mediately over, or preceding any of the dispositive parts of 
 the instrument, but it need not immediately follow, or be 
 under any of the dispositive parts ; whereas formerly the sig- 
 nature might be in any part of the instrument. 
 
 Thirdly. — The signature of the testator is to be " made," or " ac- 
 knowledged" in the simultaneous presence of the witnesses. 
 (Moor V. King, 3 Curtis, 243, 2 No. Cas. 45, Si 7 Jurist, 205.) 
 
 Fourthly. — A form of attestation is expressly dispensed with. 
 
 There can be no sufficient acknowledgment by the testator of his 
 " signature" unless the witnesses either saw or might have seen the 
 signature, even though the testator should expressly declare to 
 them that the paper to be attested by them is his will. 
 
 When the witnesses either saw or might have seen the signature, 
 an express acknowledgment of the signature itself is not necessary, 
 a mere statement that the paper is his will — {re Davis, 3 Cm-tis, 748 j
 
 106 THE LAW EELATING TO 
 
 re Ashraore, xb. 756, and 7 Jurist, 1145) — or a direction to them to put 
 their names under his — {re Philpot, 3 No. Cas. 2. Gaze v. Gaze, 7 Jur. 
 SOS) — or even a request by the testator — (Keigwinz;.Keigwin, 7 Jur. 
 840) — or by some person in his presence — {re Bosanquet, 2 Rob. 577, 
 Foulds V. Jackson, 6 No. Cas. sup. 1) — to sign the paper is sufficient. 
 
 AVhen the signature is seen, or expressly acknowledged, it is not 
 material that the witnesses are not told that the instrument is his 
 will — (Keigwin v. Keigwin, supra) — or are deceived into thinking 
 that it is a deed — (Sugden's E.P.S. 334). But see observations of 
 Sir H. J. Fust in Willis v. Lowe, 5 No. Cas. p. 432. 
 
 To obviate tlie inconvenience arising from decisions under the 
 9th section of 1 Vict., c. 26, it was enacted by 15 & 16 Vict., c. 24 
 (framed and introduced by Lord St. Leonards when Lord Chan- 
 cellor), that a will shall be deemed to be valid if the signature be so 
 placed at, or after, or following, or under, or beside, or opposite to, 
 the end of the will, that it shall be apparent on the face of the will 
 that the testator intended to give effect, by such his signature, to the 
 writing signed as his will, and that no such will shall be affected 
 by the circumstance that the signature shall not follow or be im- 
 mediately after the foot or end of the will, or by the circumstance 
 that a blank space shall intervene between the concluding word of 
 the will and signature, or by the circumstance that the signature 
 shall be placed among the words of the testimonium clause, or of 
 the clause of attestation, either with or without a blank space in- 
 tervening, or shall follow, or be after, or under, or beside, the names 
 or one of the names of the subscribing witnesses, or by the circum- 
 stance that the signature shall be on one side or page or other 
 portion of the paper or papers containing the will, whereon no 
 clause or paragraph or disposing part of the will shall be written 
 above the signature, or by the circumstance that there shall appear 
 to be sufficient space on or at the bottom of the preceding side or 
 page, or other portion of the same paper on which the will is written, 
 to contain the signature, and the enumeration of the above cir- 
 cumstances shall not restrict the generality of the above enactment ; 
 but no signature under the said Act or this Act, shall be operative 
 to give effect to any disposition or direction which is underneath, 
 or which follows it : nor shall it give effect to any disposition or 
 direction inserted after the signature shall be made. 
 
 The law has not made requisite to the validity of a will that it 
 should assume any particular form, or be couched in language 
 technically appropriate to its testamentary character. It is suffi- 
 cient that the instrument, however irregular in form, or inartificial 
 in expression, discloses the intention of the maker respecting the 
 posthumous destination of his property. It is therefore far better 
 for a non-legal person, in drawing up a will, to use plain and simple
 
 PERSONS OF UNSOUND MIND. 107 
 
 Jangnage, such as he would use in any ordinary written communica- 
 tion, than to affect a technical style and the use of legal phraseology, 
 which, from want of an accurate application of the terms, may only 
 tend to confuse the construction, and to render ambiguous the 
 intention of the testiitor. As the circumstances in every case must 
 more or less vary, it has been thought better not to append any 
 particular form of will, and although no particular form of attesta- 
 tion is necessary, still it is better that the witnesses to the will 
 should subscribe a memorandum of attestation to the effect that — 
 
 The signature of the testator ivas made, or acknoidedjed hj him in 
 the presence of the witnesses, both being present at the same time, and 
 that they subscribed their names in Ms presence, and in the presence 
 of each other. 
 
 Of course it is far better that a testator should actually sign, or 
 (where necessary) sign by the hand of another, in the presence of 
 the witnesses, than merely acknowledge the signature before them ; 
 but yet a testator, whether speechless or not, may acknowledge his 
 signature by gestures— (/v Davies, 2 Hob. 337, and Parker v. Parker : 
 Milw., Ir. Eccles. Rep. 545,) and even a mark, thus x> where the 
 testator through ignorance is unable to write, is to be preferred to 
 a signature by the hand of another. A person may not be insane, 
 and may yet be incompetent to make a will. Imbecility, through 
 advanced age or through excessive drinking, or a want of a disposing 
 power of mind, so as not fully to comprehend at the time the nature 
 and extent of his property, nor yet the claims of those who might 
 naturally be supposed to be the objects of his bounty, may destroy 
 testamentary power. (See Swinburne, p. II. ss. 5 & 6.) 
 
 By the recent Act, 1 Viet., c. 26, if any person shall attest the 
 execution of any will to whom, or to whose ivife or husband, any 
 devise, legacy, or beneficial interest shall be thereby given or made, 
 such devise, legacy, &c., be utterly null and void. 
 
 As it is not probable that a medical practitioner would be re- 
 quested to attest the execution of a deed, except under the superin- 
 tendence of a legal adviser, deeds being for the most part drawn up 
 by such, and generally executed under circumstances of more de- 
 liberation than wills, it is not thought necessary to introduce that 
 question into this subject. Medical attendants should be careful 
 how they permit themselves to be made confidauts of the secrets of 
 their patients, as they possess no privilege in this respect, but it 
 required, are bound to disclose them in a court of law. 
 
 Medical visitors, appointed to visit any house or houses licensed for 
 the reception of lunatics under 8 & Vict., c. 100, are entitled to 
 remuneration for their services. But by 23rd section of that Act no 
 person shall act as a commissioner or visitor, or secretary or clerk 
 to the commissioners, or clerk or assistant clerk to any visitors, or
 
 108 THE LAW RELATING TO 
 
 act in granting any license, who shall within one year next pre- 
 ceding have been directly or indirectly interested in any such house, 
 or the profits arising from the reception of lunatics within it. And 
 no physician or surgeon (being a commissioner), and no physician, 
 surgeon, or apothecary (being a visitor) shall sign any certificate for 
 the admission of any patient into any licensed house or hospital, or 
 shall professionally attend vipon any patient in any such house or 
 hospital, unless he be directed to visit such patient by the person 
 upon whose order such patient has been received into such house 
 or hospital, or by the Lord Chancellor, or by the Secretary of State 
 for the Home Department, or by a committee appointed by the 
 Lord Chancellor ; and if any such shall after his appointment be or 
 become so interested, he shall immediately be disqualified; and if 
 after so becoming disqualified he shall continue to act in such 
 capacity, he shall be guilty of a misdemeanour. And if any such 
 medical commissioner or visitor shall sign any certificate for the 
 admission of any patient into any licensed house or hospital (except 
 as aforesaid), he shall for each ofience forfeit 10?. 
 
 By the 3rd section, the " Commissioners in Lunacy," some of 
 whom may be physicians or surgeons, shall not, as long as they 
 remain commissioners and receive any salary as such, accept, hold, or 
 carry on any other office or situation, or any profession or employ- 
 ment from which gain or profit shall be derived, the salary allotted 
 under the Act being 1500Z. a year and travelling expenses. 
 
 By sec. 43, in every hospital there must be a physician, surgeon, 
 or apothecary resident therein, as the superintendent and medical 
 attendant thereof. The provision is diff'erent as to licensed houses. 
 In every house licensed for 100 patients or more, the residence of 
 such medical officer is compulsory. In other cases it is optional, 
 but if there is no resident medical man, the house must be visited 
 regularly by a medical attendant, the frequency of such visits being 
 regulated by the commissioners and visitors according to the number 
 of the patients for which the house is licensed, whether below 11, 
 or below 50, or below 100, as the case may be. {lb. ss. 57 & 58.) 
 
 A medical visitation book is to be duly kept in every house and 
 hospital by the medical superintendent or attendant in the form 
 prescribed by the Act of 1853 (16 & 17 Vict., c. 70), which super- 
 seded the form given in Schedule H in the Act of 1845 (8 & 9 Vict., 
 c. 100, 8. 59) ; IG & 17 Vict., c. 96, s. 25, and Schedule D. 
 
 The medical superintendent or attendant is also to keep a book 
 to be called " The Case Book," the form of which the Commissioners 
 in Lunacy are empowered to prescribe by an order under their com- 
 mon seal (8 & 9 Vict., c. 100, s. 60). On the 20th March, 1863, 
 the Commissioners issued an order accordingly, of which the fol- 
 lowing is the substance. Such " Case Book" to contain :—
 
 PERSONS OF UNSOUND MIND. 109 
 
 " First. A statement of the name, a2;c, sex, and previous occu- 
 pation of the patient, and whether married, sinp;le, or widowed. 
 
 ^^ Secondly. An accurate description of the external appearance of 
 the patient upon admission, habit of body and temperament, ap- 
 pearance of eyes, expression of countenance, and any peculiarity in 
 form of head ; of the pliysical state of the vascular and respiratory 
 organs, and of the abdominal viscera and their respective func- 
 tions ; of the state of the pulse, tongue, skin, &c. 
 
 " Thirdly. A descri[)tion of the phenomena of mental disorder, 
 the manner and period of the attack, witli a minute account of the 
 symptoms and the changes produced in the patient's temper or dis- 
 position ; specifying whether the malady displays itself by any, or 
 what illusions, or irrational conduct, or morbid or dangi-rous habits 
 or propensities ; whether it has occasioned any failure of memory 
 or understanding, or is connected with epilepsy or ordinary paralysis, 
 or symptoms of general paralysis, such as tremulous movements of 
 the tongue, defect of articulation, or weakness or unsteadiness of gait. 
 
 " Fourthly. Every particular which can be obtained respectino- 
 the previous history of the patient ; what are believed to have 
 been the predisposing and exciting causes of the attack; what the 
 previous habits, active or sedentary, temperate or otherwise ; 
 whether the patient has experienced any former attacks, and if so, 
 at what periods; whether any relatives have been subject to in- 
 sanity ; and whether the present attack has been preceded by any 
 premonitory symptoms, such as restlessness, unusual elevation or 
 depression of spirits, or any. remarkable deviation from ordinary 
 habits and conduct ; and whether the patient has undergone any, and 
 what, previous treatment, or been subjected to personal restraint. 
 
 " Fifllily. During the first mouth after admission entries to be 
 made at least once in every week, and oftener where the nature of 
 the case requires it. Afterwards, in recent or curable cases, entries 
 to be made at least once in every month ; and in chronic cases, 
 subject to little variation, once in every three months. 
 
 " In all cases an accurate record to be kept of the medicines 
 administered, and other remedies employed, with the results, aud 
 also of all injuries and accidents. 
 
 " That the several particulars, hereinbefore required to be 
 recorded, be set forth in a manner so clear and distinct as to admit 
 of being easily referred to, and extracted, whenever the Com- 
 missioners shall so require ; 
 
 " And that the present order be in substitution for that of the 
 9th January, 18-1(5, and that a copy thereof be inserted at the 
 commencement of the ' Cavse Book.' " 
 
 The statutes contain numerous and minute provisions with regard 
 to the admission, treatment, discharge, and other important points con-
 
 110 THE LAW EELATING TO 
 
 nected with the custody, care, and coutrol of the patients received into 
 these establishments. The respective enactments should be carefully- 
 studied in the statutes themselves, (to be found in the Appendix,) 
 as a due observance of them is of the utmost importance, as well for 
 the benefit of the insane persons as for the protection of the medical 
 men and others who are instrumental in confining or detaining them. 
 Independent of the penal liabilities which may be incurred under the 
 5Gth section of the last-named Act, and under 16 & 17 Vict., c. 96, 
 s. 13, a medical man may be exposed to an action at the suit of a pri- 
 vate person confined under his certificate. Hall v. Semple, 3 F. & P. 
 337, is an important case on this point. This case arose in 1862, 
 being an action against a physician under whose certificate the 
 plaintifi" had been confined in a lunatic asylum. The following 
 remarks are contained in the summing up of Mr. Justice Crompton : 
 — " If a medical man assumes, under this statute, the duty of signing 
 such a certificate without making, and by reason of his not making, 
 a due and proper examination and such inquiries as are necessary, 
 and which a medical man under such circumstances ought to make 
 and is called on to make, not in the exercise of the extremest 
 possible care, but in the exercise of ordinary care, so that he is 
 guilty of culpable negligence, and danger ensue ; then an action 
 will lie, although there has been no spiteful or improper motive, 
 
 and though the certificate is not false to his knowledge." 
 
 " The principal questions," continued the learned Judge, " to which 
 I desire to direct your attention are these — first, whether you think 
 that he signed the certificate, untrue in fact, negligently and im- 
 properly, and without making proper and sufficient inquiries. Now 
 I cannot help thinking that in a matter of this kind, a proceeding 
 upon which a man is to be at once consigned to imprisonment as a 
 lunatic, very considerable care is necessary. It will be for your 
 consideration what degree of care is necessary so as to make out 
 by the absence of it a case of culpable negligence. It is not a 
 mere mistake or error in judgment which would amount to such 
 negligence, but you must be satisfied that there was culpable negli- 
 gence The main question, as it appears to me, is as to 
 
 negligence or want of reasonable care ; and as to that, the real test, 
 as it appears to me, is how matters would appear to the defendant 
 under all the circumstances ; and you should endeavour, as far as 
 possible, to put yourselves in his situation, and see how far appear- 
 ances were sufficient, without any further inquiries than he made." 
 The learned Judge again repeated : — " Ton are not inquiring into 
 an error in judgment, but whether the defendant has been guilty of 
 that culpable negligence which I have explained and described to 
 you — negligence in not making sufficient inquiries, the examination 
 not having been sufficient in his own judgment. It would be
 
 PERSONS OF UNSOUND MIND. Ill 
 
 dreadful if a man were to suffer merely from an error in judgment. 
 The question is whether there haa been a neglect of tliat duty 
 which a person in a case of this kind owes, not to interfere in a 
 matter wliich touches tlie liberty of his fellow-citizen without 
 taking due care and making a careful examination and inquiry. 
 That is the main question." 
 
 In answer to questions from the learned judge the jury found 
 specially, on the second count, that on the examination and in- 
 quiries, the defendant did not use due care and caution ; that the 
 certificate was false in fact ; that he signed a certificate untrue in 
 effect, without a proper examination and inquiries, and without 
 probable cause ; and that on that account he was guilty of culpable 
 blameable negligence in not ascertaining the sanity of the plaintifi', 
 who they found to be sane in point of fact. 
 
 The jury further said, in answer to another question, that the 
 defendant " bond fide believed in the truth of his certificate, from 
 the examination and inquiries which he made, although he made 
 them carelessly." 
 
 Mr. Justice Crompton. — " Did he think that he was acting under 
 the authority of the Act ? I assume from what you have found, 
 that you mean he bond fide believed he was acting under the au- 
 thority of the Act, and that he was authorized by the Act to do 
 what he did ?" 
 
 The Juri/.—"' Yes, we think so. He thought he was authorized, 
 although he did it negligently." 
 
 The learned Judge. — " Then that is a verdict for the plaintiff on 
 the ground of culpable negligence and want of reasonable care or 
 probable cause." 
 
 Jury.—'' Yes." 
 
 Verdict for the plaintiff., damarjes 150Z. 
 
 As to the prosecution of two medical men (Heg- v. Dawson and 
 another) for signing certificates without examining the patient, 
 see Sixth lieport of the Commissioners, p. 19. But at common 
 law, and apart from the Lunacy Statutes, a medical man may justify 
 measures necessary to restrain a dangerous lunatic. So also in the 
 case of a person suffering from delirium tremens, he may justify re- 
 sorting to measures of restrrtint during the continuance of the 
 fit, or whilst it is likely to return, 3 F. & F. 328. (Scott v. 
 Wakem.) 
 
 On the death of any patient, in any licensed house or hospital, 
 a statement of the cause of death, with the name of any person 
 present at the death, must be drawn up and signed by the 
 medical attendant (8 & 9 Vict., c. 100, s. 55), and a certified 
 copy must be sent by the proprietor or superintendent, within 
 forty-eight hours, to the following persons: — The Comuiis-
 
 112 THE LAW RELATING TO 
 
 sioners ; the person who signed the order of admission ; the 
 registrar of deaths for the district ; and in the case of a house 
 licensed by justices, the clerk of the visitors (s. 55 ; see also s. 54). 
 The death must be entered in the " Register," and also in the 
 " Book of Admissions," by the proprietor or superintendent (ss. 
 50 & 54), and m the "Medical Visitation Book," by the medical 
 attendant, (s. 59) and it is further provided by the Act of 1853, 
 that a statement as to the cause of death, and the duration of the 
 fatal disease, shall be entered in the " Case Book," and a certified 
 copy transmitted within two days to the coroner, so that he may hold 
 an inquest if he deems it necessary. (16 & 17 Vict., c. 9G, s. 19.) 
 
 The various provisions with regard to private lunatics received into 
 public asylums, under the 16 & 17 Vict., c. 97, their admission under 
 an order (or rather request) and medical certificates, the records 
 and returns relating to them, their treatment and ill-treatment, cor- 
 respondence, escape, and recapture, transfer, removal, and discharge, 
 and death, are similar to, though not precisely identical with, those 
 already detailed with respect to private inmates in licensed houses 
 and registered hospitals. 
 
 Under the head of Restraint it has been held in Anderdon v. 
 Burrows, M.D. (4 C. & P. 210) that a medical man is not warranted, 
 nierelv on statements made to him by the relations of a person sup- 
 posed to be insane, in sending men to take him into custody and 
 confine him, unless he is satisfied from those statements that such a 
 step is necessary to prevent the lunatic from doing some immediate 
 injury to himself or others. Lord Tenterden, C.J., observed : — 
 " From the statement made by Dr. Burrows, when the parties were 
 before the magistrate, it seems that it is usual, on the application 
 of the family, to act in this manner. I confess I am sorry to hear 
 it so said, for it certainly is not right ; and although there may be 
 difficulty in getting access to a party labouring under insanity, yet 
 the proper course is, if access cannot be obtained, to apply to the 
 high authority which has cognizance over such matters, to get the 
 party taken up, in order that he may be examined." This case 
 occurred in November, 1829. 
 
 Symm v. Fraser and another, 3 F, & F. 859, is on the other hand 
 a very recent case. It v/as an action brought in the year 1863 
 against two medical men for having imprisoned the plaintiff and put 
 her under bodily restraint under the false and unfounded pretence 
 that she was a person of unsound mind, incapable of taking care of 
 herself, and unfit to be at liberty, &c. The defence was that she was 
 suffering from a fit of delirium tremens caused by drink. 
 
 Dr. Tunstall, a physician, in the course of his evidence stated, 
 that he never knew an instance of an habitual drinker, with a habit 
 of delirium tremens, ever getting over it, because tlie habit of 
 drinking was so strong on such persons that they could not abstain
 
 PERSONS OF UNSOUxVD MIND. 113 
 
 from drink. The witness said, delusions of the senses were symp- 
 toms of delirium tremens. Both defendants were called as wit- 
 nesses to sustain the defence, and one of them, Mr. Andrews, the 
 usual medical attendant of the plaintiff, was permitted to give his 
 general opinion, as a scientific witness, although he was one of the 
 defendants. 
 
 At the close of the case, which lasted several days, Chief Jiistice 
 Cockburn (to the jury). — "The case was one of great impor- 
 tance, involving as it did the question how far medical men. 
 acting honestly and to the best of their judgment for the 
 good of their patients, were responsible ; and while on the one 
 hand, tlie jury ought jealously to watch over and uphold the per- 
 sonal liberty of the individual, yet on the other hand they ought to 
 be equally careful not to impair the efficacy of medical assistance 
 by exposing medical practitioners to be harassed by vexatious 
 
 actions No doubt the power which the law gave to 
 
 medical men in these cases might be, and in rare instances had 
 been abused, for interested purposes ; but these instances were so 
 rare that he hoped the public might continue to repose that con- 
 fidence in the members of this noble profession which had hitherto 
 
 been reposed in them, and he believed was deserved 
 
 There had been some restraint, no doubt, upon natural liberty, but 
 was it not necessary ? Let the jury put themselves in the position 
 of these gentlemen, or the friends and relatives of the plaiiitilf, and 
 let them ask whether, even supposing that the defendants were 
 responsible for all that had been done to prevent her from getting 
 out into the street, or throwing herself out of the window, the 
 jury would not consider that these gentlemen, so far from being 
 proper subjects of condemnation and of censure, were not rather 
 fit objects of gratitude and regard ?" 
 
 In conclusion, the Lord Chief Justice desired them to consider 
 the case, " not only with reference to the interests of the indi- 
 viduals committed to the care of medical men, but also with a 
 view to the interests of the public, taking care not to impair or 
 neutralize the energy and usefulness of medical assistance by ex- 
 posing medical men unjustly to vexatious and harassing actions." 
 
 Verdict for the defendants. 
 
 This verdict gave universal satisfaction both to the legal pro- 
 fession and the public. Not long after, a somewhat similar case 
 was tried in another court, and with a similar result. The Lord 
 Chief Justice, in effect, directed the jury that if the restraint exer- 
 cised, under the sanction, and even directions of the defendants, 
 was no greater degree of restraint than was medically necessary, they 
 were legally justified. The case is the exact converse of Hall v. 
 Semple, vide ante. 
 
 I
 
 114 
 
 CHAPTEE XII. 
 
 COBONEES' INQUESTS. 
 
 As the office of Coroner is not only not necessarily a medical one, 
 but not even a medico-legal one ; indeed, as it is not necessary in 
 point of law that a coroner should be either a lawyer or a doctor, 
 his sole legal qualification for the office being that of a freeholder, it 
 might at first sight appear that the duties, like the qualification of such 
 an officer, were scarcely a subject within the province of thiswork. But 
 when it is considered that although in theory tlie coroner is neither 
 a medical nor a legal professional, yet that in practice he is required 
 to be versed in both medical and legal science, it will no longer be 
 thought that either he or his duties are not fitting topics to be dis- 
 cussed in a work on the Laws relating to the Medical Profession. 
 
 It is not proposed, however, to take otherwise than a practical view 
 of this subject, and therefore it will not be desirable to trace the 
 origin, or descant upon the antiquity of the office — to assert its 
 dignity by reminding the reader that the Lord Chief Justice of the 
 Court of Queen's Bench is by virtue of his office supreme Coroner 
 over all England, and the Puisne Judges of that Court are also 
 Sovereign Coroners^ or by showing that originally the qualification 
 for the office was that of knighthood, which qualification was defined 
 by statute so early as 3 Edw. I., e. 10, thus, " of the most wise 
 and discreet knights, which know, will, and may best attend upon 
 such offices ;" or to lament that in consequence of a deficiency of 
 knights it was at length enacted by 28 Edw. III., c. 6, that coroners 
 should be elected of " the most meet and lawful people that shall be 
 found in the said counties to execute the said office." ISTo precise 
 amount of estate is defined by the statute 14 Edw. III., s. 1, c. 8, 
 which enacts " that no coroner be chosen unless he have land in fee 
 sufficient in the same county, whereof he may answer to all manner 
 of people," but it was evidently intended that he should be a person 
 of sufficient property to maintain the dignity of his office, and to 
 answer any fine that might be set upon him for misbehaviour, 
 although for the office of coroner of a borough no qualification by 
 estate, residence, or otherwise is required ; and perhaps, after aU, 
 the qualification by title or estate is the least important qualifica- 
 tion for the office : for although in the present day we may look in
 
 coroners' inquests. 115 
 
 vain among coroners for tlie individual who, in the language of 
 Chaucer, was 
 
 " Lord and sire, 
 Pull oftcntime was knight of the shire, 
 A shreve had been, and Coronour," 
 
 yet we may hope to recognise him in the descriptive qualities which 
 Sir Edward Coke considers should distinguish the ofBce. A coroner, 
 according to him, should be j^rohus liomo ; legalis homo ; of sufficient 
 knowledge and understanding ; of good ability and power to execute 
 •Jiis office according to his knowledge ; and, lastly, of diligence and 
 attendance for the due execution of his office. And this for three 
 purposes. I. The law presumes that he will do his duty, and not 
 offend the law, at least for fear of punishment, whereunto his lands 
 and goods are subject. II. That he be able to answer the king all 
 such fines and duties as belong to him, and to discharge the county 
 thereof. And, lastly, that he may execute his office without bribery. 
 And these three properties are necessary to every officer. 
 
 As by the term legalis homo, Sir Edward Coke, speaking as a 
 lawyer, could not have meant literally a member of the legal pro- 
 fession, such requirement forming no part of the legal qualification 
 of a coroner, he probably intended to indicate a person of a Judicial 
 mind, and such is doubtless, at the present day, the fittest qualifica- 
 tion for the office, and together with that of probus Jiomo should be 
 esteemed the choicest attribute of an officer of justice, especially of 
 one who derives his very name, de corona, from the Crown itself, 
 having cognizance of those pleas, emphatically styled plavita coronce. 
 But whatever spell may attach to a name, for it is' doubtful, speaking 
 poetically, whether " a rose by any other name would smell as sweet," 
 romance and imagination having much to do with the appreciation 
 of the senses, it is certain that this office is one of great antiquity ; 
 for not only is the coroner spoken of in the reign of Henry II. as 
 Servicus regis and coronarius ; in the reign of Richard I. as cusios 
 placitorum Coronce, and in Magna Charta and subsequent statutes as 
 Coronator ; but he is mentioned in the charter granted by Kino- 
 Athelstane to the Monastery of St. John of Beverley, a.d. 925. As, 
 however, was said before, it is not intended in this treatise to deal 
 with this functionary or his duties, otherwise than in a practical 
 way as affecting the medical profession especially ; but that course 
 of dealing will not extend to an analysis of the judicial functions of 
 a public officer, but will be confined to the duties of medical practi- 
 tioners who may be summoned to this as to any other court of 
 justice. 
 
 By the 6 & 7 "Wm. lY., c. 89, s. 1, power is given to the coroner 
 to direct the performance of a post-mortem examination, with or 
 
 l2
 
 116 coroners' inquests. 
 
 without an analysis of the contents of the stomach or intestines of 
 a deceased, by the medical witness or witnesses summoned to attend 
 the inquest, provided that if any person shall state upon oath before 
 the coroner that in his or her belief the death of the deceased was 
 caused partly or entirely by the improper or negligent treatment of 
 any medical practitioner or other person, such medical practitioner 
 or other person shall not be allowed to perform or assist at the 
 post-mortem examination of the deceased. And it may here be 
 remarked that by the 29 & 30 Vict., c. 90 (Sanitary Act, 1866), 
 s. 28, any "nuisance authority" (therein defined) shall have power 
 to provide places for the reception of dead bodies during the tim^; 
 required for post-mortem examinations, otherwise than at a mor- 
 tuary bouse or workhouse. 
 
 In all cases of sudden or violent death a medical man should be 
 examined as a witness, and by the 3rd section of the first-named 
 Act every legally qualified medical practitioner is entitled to a fee 
 of one guinea for attending to give evidence at any coroner's in- 
 quest whereat no post-mortem examination has been made by such 
 practitioner. And for the making a post-mortem examination, 
 either with or without an analysis of the contents of the stomach 
 or intestines, and for attending to give evidence thereon, the fee or 
 remuneration shall be two guineas, and the 1 Vict., c. 68, s. 2, 
 directs that " the coroner shall, immediately after the termination 
 of the proceedings at any inquest, advance and pay such remunera- 
 tion or fee to every medical witness summoned under the provisions 
 of the said Act, and the amount thereof shall be repaid to the said 
 coroner in manner thereinafter mentioned.'' 
 
 By the 6th section — " where any order for the attendance of any 
 medical practitioner shall have been personally served upon him, 
 or where any such order not personally served shall have been re- 
 ceived by any medical practitioner in sufficient time for him to have 
 obeyed such order, or where any such order has been served at the 
 residence of any medical practitioner, and in every case where any 
 medical practitioner has not obeyed such order, he shall for such 
 neglect or disobedience forfeit the sum of 51. And the 5th section 
 exempts from the operation of the Act inquests held on the bodies 
 of persons dying in any public hospital or infirmary, or in any 
 building or place belonging thereto, or dying in any county or 
 other lunatic asylum, or in any public infirmary or other medical 
 institution, whether supported by endowments or by voluntary 
 subscriptions : and declares that in such case the medical officer 
 whose duty it may have been to attend the deceased as such medical 
 officer shall not be entitled to any fee or remuneration. 
 
 The evidence of medical witnesses upon coroners' inquests is fre- 
 quently all-important. JS'ot only in cases of palpable violence are
 
 CORONERS^ INQUESTS. 117 
 
 they required to explain the nature of the injuries inflicted on the 
 deceased, but sometimes upon their evidence depends the solution of 
 the problem whether the deceased died by his own hand or by that of 
 another. By the post-mortem examination the presence of poison 
 is perhaps discovered by the aid of chemical tests, no matter with 
 what subtlety the agent poison may have been disguised, or however 
 evanescent may have been its operation. Also in a charge of child- 
 murder almost everything depends upon the evidence of the medical 
 witness, the fact of whether the child was born alive, and had an exis- 
 tence separate from its mother, being essential to constitute the crime 
 of murder, otherwise it in all probability resolves itself into a case 
 of concealment of birth only, which at once ousts the coroner of his 
 jurisdiction. The inquest of the coroner is an inquest to ascertain 
 the cause of death, with which the concealment of the birth has no 
 connexion. The first question, therefore, which presents itself is, 
 whether the child was born alive. As a test of this, it was formerly 
 usual to immerse the lungs in water, it being supposed that if they 
 floated the child must have respired. But this test is now quite 
 exploded ; for it is obvious that if the child made but one gasp and 
 instantly died, the luugs would swim in the water as readily as if 
 the child had breathed for a lengthened time ; and it is not uncom- 
 mon for an infant to breathe as soon as its head is protruded from 
 the mother, although it may die the next moment. Air may pass 
 into the lungs by inflation, or may be generated by putrefaction, 
 and both will produce the same effect. The question of course is 
 less difiicult in cases of immature birth, especially under the fifth 
 month, in which case no foetus can be born alive ; and even from 
 the fifth to the seventh the presumption either that the child was 
 not born alive, or almost immediately ceased, from natural causes, 
 to maintain an existence, would probably be in fiwour of the sus- 
 pected person. But yet such serious cases should not be determined 
 by the rules of presumption, but by facts proved and explained. 
 
 The real question is the cause of death. Now, the child may die 
 in the womb, during the labour, by pressure, or by strangulation 
 from the umbilical cord, in which latter case especially the body 
 presents appearances which to a common observer would seem to 
 be the marks of a violent death. To kill a child in its mother's 
 womb is no murder, because, as Sir E. Coke says, the person killed 
 must be " a reasonable creatm-e in being, and under the King's 
 peace." (3 Inst.) 
 
 To constitute murder it must be proved that the entire child was 
 actually born into the world in a living state (B. v. Poulton, 5 C. & P. 
 329) ; and the fact of its having breathed is not conclusive proof 
 thereof (R. v. Sellis, 1 ISrood. C. C. 850 ; E. v. Crutchley, 7 C. ct P. 
 814). There must be an independent circulation in the child before
 
 118 coroners' inquests. 
 
 it can be accounted alive (E. v. Enoch, 5 C. & P. 539 ; E. v. Wright, 
 9 C. & P. 754). But the fact of the child's being still connected 
 with the mother by the umbilical cord will not prevent the killing 
 from being murder (E. v. Crutcbley, sujyra ; E. v. Eewes, 9 C. & P. 
 25 ; E. V. Trilloe, 2 Mood. C. C. 260). But the child, though safely 
 born, may still be so weak as to die, and yet without any criminal 
 act on the part of the mother, or the child may be suffocated by 
 being left upon its face. 
 
 These and a variety of other causes may contribute to the death 
 of new born infants, particularly where the mother is delivered in 
 secret by herself, and, either from exhaustion or unconsciousness, 
 inflicts an unintentional injury upon the child. 
 
 But of all the forms of murder, that by poison is the most 
 detestable and the most difficult to guard against, and the detection 
 of this secret and subtle agent frequently requires much chemical 
 knowledge and delicate manipulation, and the perfect cleanliness of 
 the apparatus used in the analysis. The medical practitioner, 
 perhaps the medical attendant of the deceased, supposing the case 
 to be one of suspected poisoning, may be able to produce most 
 valuable corroborative or confirmatory evidence through having 
 noted many circumstances in the course of his attendance upon the 
 deceased. Indeed, many valuable suggestions may proceed from 
 him, as, for instance, even upon a post-mortem examination no 
 poison may be found in the stomach, because it may have been 
 vomited up ; the vomited matter may thus be procured. If none be 
 procurable, other things impregnated with it, such as clothes, may 
 be secured, or even a portion of deal flooring may be scraped or cut 
 out and reserved for analysis. The vessel in which vomited matter 
 has been contained will often furnish valuable evidence, since heavy 
 mineral poisons fall to the bottom, adhere to the sides, or leave a 
 sediment. Any suspected articles of food should be at once taken 
 possession of and carefully sealed up in a clean glass vessel. In 
 the event of the death of the patient (which event alone can bring 
 the case before the coroner's court) the exact time of death should 
 be noted down, the attitude and position of the body should be 
 observed, any bottles, phials, or packets, should be collected 
 together and preserved, and many other important but minute facts 
 may thus bo observed and brought to bear on the subsequent investi- 
 gation. But this, of course, is in a case of suspected poisoning 
 where the suspicion was aroused during the life of the deceased. 
 In other cases, the evidence probably is that which alone can be 
 collected after death and sometimes after a long period has elapsed, 
 and even, perhaps, after the exhumation of the body. Sudden 
 death from natural causes might sometimes be mistaken for death 
 by poison ; but one of the means for distinguishing death by nar-
 
 coroners' inquests. 119 
 
 cotic poisoning from that througli apoplexy or disease of the heart 
 is the difference in the rapidity witlx which death takes place. The 
 only commou poison likely to operate with equal rapidity is prmsic 
 acid ; opium is much slower in its operation, but there is nothing 
 to prevent arsenic destroying life in an hour. In the absence of 
 finding the poison in the stomach, which, in the case of prussic 
 acid, is not always possible, great care should be taken in such 
 cases before an opinion is expressed as to the real cause of death ; 
 at the same time, it is not necessary in order to cause death that 
 prussic acid should be received into the stomach. A drop placed 
 on the tongue might be sufficient, and a case is known to the author 
 of this work of simple inhalation of the fume having a fatal effect. 
 The gentleman who so destroyed himself, was, however, enabled 
 hurriedly to leave the shop (a chemist's) where the occurrence took 
 place, and, after walking into a neighbouring shop, to request that 
 he might be accommodated with a chair, seated in which he died. 
 This would appear scarcely credible, but these facts were adduced 
 in evidence at the coroner's inquest on the body. He had obtained 
 possession of the bottle containing the acid by announcing himself 
 as a medical man, and asking for hydrocyanic acid of Scheele's 
 strength, when, suddenly snatching the bottle containing it out of 
 the hands of the chemist — between whom and himself the counter 
 opposed a temporary barrier — he thus eff'ected his purpose. He 
 was immediately followed, on his exit, by the chemist, who never 
 lost sight of him ; but, had this occurred in private, his death would 
 doubtless (could he have made away with the bottle, for which he 
 had ample time,) have been attributed either to apoplexy or disease 
 of the heart. Even the very faint smell of such a poison might 
 have been lost before discovery. In such an event even medical 
 science might be baffled, and a murderer, through thus administering 
 a subtle poison, might escape. Such a case, therefore, suggests 
 that perhaps the state of the brain or the lungs might disclose the 
 true cause of death when the state of the stomach had failed so 
 to do. 
 
 Under the present law, regulating the sale of poisons, precisely 
 similar cases, happily, are not likely to occur ; yet the subject of 
 Coroners' Inquests cannot be brought to a close without some fur- 
 ther observations on the point. 
 
 The deceased in this last case was a gentleman of considerable 
 position and eminence, and a very old friend of the author's family, 
 but for obvious reasons the name cannot now be mentioned. The 
 case seems to supply the hitherto lack of authenticated evidence of 
 death caused by the vapour of prussic acid. Dr. Taylor in his 
 work " On poisons in relation to medical jurisprudence," published 
 in 1S48, says, " The vapour of anhydrous prussic acid, if respired,
 
 120 coroners' inquests. 
 
 would prove almost instantaneously mortal. Even the vapour of 
 the diluted acid, accidentally respired, occasions very alarming 
 symptoms." He then proceeds to give the particulars of a case as 
 follows : — " A practitioner was showing to some friends the effects 
 of Scheele's prussic acid on an animal, when, by accident, a quan- 
 tity of the acid fell upon the dress of a lady who was standing 
 before a fire. The poison was rapidly evaporated, and the lady 
 was immediately seized with dizziness, stupor, inability to stand, 
 and faintness. The pulse became feeble and irregular." (p. 645.) 
 Eemedies being promptly resorted to, the lady happily recovered. 
 " Mr. Nunneley's experiments on animals prove that the action of 
 the acid upon the lungs, when air impregnated with the vapour is 
 breathed, is not only rapid but certain in its effects, and it forms 
 one of the easiest methods of exhibiting the poison — one which it 
 would be very easy to employ, but after a few hours most difficult 
 to detect, because the vapour, from its great diffusibility, is very 
 soon dissipated." (Prov. Trans. N. S. III., 84.) " There can be 
 no doubt," says Dr. Taylor, " that, like arsenic and all poisons, 
 prussic acid acts much more speedily and powerfully when taken 
 into the lungs as a vapour than when introduced into the stomach 
 
 as a liquid," "lam not aware," he continues, " that 
 
 there is any well-authenticated case of death having been caused 
 by the vapour. The celebrated Seheele died suddenly while making 
 his researches on this poison, and it is alleged that he was killed 
 by respiring the vapour. The anhydrous acid was not known to 
 Seheele ; this was prepared by GTay-Lussac in the early part of the 
 present century." (p. 646.) The case of the lady, mentioned by 
 Dr. Taylor, seems to confirm the author's impression of the facts 
 he has narrated, the only difterence in the two cases being that 
 between voluntary and determined and involuntary and accidental 
 respiration of the vapour. It is of great importance when the 
 life of a deceased happens to be insured to ascertain whether the 
 act of poisoning was the result of accident or suicide. In the event 
 of litigation ensuing respecting a policy of insurance in such a 
 case, it may be too late to discover not only any trace of poison in 
 the body but even any appearances betokening death by such 
 means. A coroner's inquest held shortly after death frequently 
 affords the only opportunity of discovering the truth — and yet 
 even upon such occasions the fact of the deceased having possessed 
 the power of volition or locomotion up to the moment of death is 
 too frequently taken as proof that his death resulted from natural 
 causes, such as epilepsy, apoplexy, or disease of the heart ; and yet 
 this is one of the most important questions connected with death 
 by prussic acid. No doubt a strong dose would take immediate 
 effect and at once annihilate the sensorial functions. But what
 
 coroners' inquests. 121 
 
 about a small dose, or the mere inhalation, or respiration of the 
 vapour ? Perhaps one of the moat extraordinary cases of loco- 
 motion and volition is one related by Mr. Godfrey. A gentleman, 
 after taking a sufiicieut quantity of prussic acid to destroy life, 
 walked ten paces to the top of a flight of stairs, descended the 
 stairs, seventeen in number, and went to a druggist's shop, at 
 forty-five paces distance, where he had previously bought the 
 poison, entered the shop, and said in his usual voice, " I want some 
 more of that prussic acid." He lived from five to ten minutes 
 after taking the poison. It has generally been supposed that in 
 cases of slow death from a small dose of poison the body would be 
 found convulsed, but this opinion is not borne out by facts. In the 
 case just referred to, although it was a case of *7oif death, there 
 were no convulsions, and, what is of further interest, there was no 
 odour of prussic acid about the mouth, and the individual died in 
 the presence of several medical men without any shriek or any 
 symptom approaching to it. (Prov. Med. Jour., Sept. 25, 1S44.) ■ 
 
 Dr. Taylor mentions a case communicated to him in May, 1850, 
 by Mr. Peake, of IS'ewark. A man swallowed a large dose of 
 prussic acid, and was afterwards observed walking and smoking his 
 pipe. He was found dead in a privy very shortly afterwards ; but 
 although the body was warm, the smell of tobacco smoke from the 
 mouth completely overpowered and concealed the odour of prussic 
 acid. On opening the body the odour of the acid was at once per- 
 ceptible. (Taylor's Med. Jurisprudence, p. 174.) In such a case, 
 had there been no knowledge or suspicion of the man's having taken 
 poison, he might readily have been considered to have died from 
 natural causes — probably from apoplexy, under the circumstances. 
 On the other hand, it is sometimes too hastily concluded that acts 
 which, after all, are but only indicative of this consciousness, volition, 
 and locomotion, can only be accounted for upon the supposition 
 that the poison was administered by some other than the deceased. 
 
 In a case (Eex v. Freeman) tried at the Leicester Spring Assizes, 
 1829, reported in the Medical Gazette (vol. viii. p. 759), owing to 
 the position of the body and other circumstances, it was inferred 
 that the deceased could not have taken the poison herself. The 
 opinion of four out of five medical witnesses was strongly against 
 the possibility of the acts having been performed by the deceased. 
 All the acts to which the opinion referred might be performed in 
 from^t'^ to eight seconds. There are now numerous facts wliich show 
 that the symptoms may be often protracted for several minutes. 
 Fortunately the medical opinion was completely set aside by cir- 
 cumstances, and an innoceut man, charged with murder, was thus 
 saved from being the victim of medical opinion. 
 
 " Strychnia. — The symptoms produced by strychnia very much
 
 122 coroners' inquests. 
 
 resemble those of tetanus, but in that disease they are more slowly 
 formed, and can only be coincidentally connected with the taking of 
 some kind of solid or liquid. Death is a much more rapid effect of 
 the poison than of the disease as it is produced by natural causes. 
 Medical men may, however, be easily deceived respecting the origin 
 of the symptoms when the dose is small and frequently repeated." 
 (Taylor on Poisons, p. 77G.) This poison has acquired of late years 
 a sad notoriety. The rigidity which the body of a person poisoned 
 by strychnia acquires soon after death is retained for a very con- 
 siderable period. In the case of the unfortunate John Parsons Cook, 
 who was poisoned by his medical friend William Palmer, this rigidity 
 was observable after two months' interment. At this trial, emptiness 
 of the heart was set down as an indication that strychnia was not 
 the cause of death, and a theory of death from angina pectoris, or 
 some "latent and undiscoverable disease of the nervous system," 
 was set up. Even Dr. Letheby supported this view by swearing 
 that he had destroyed " some dozens" of animals by strychnia, and 
 the heart was always full. This, however, is not in accordance 
 with experiments on the human body. " Out of ten inspections in 
 poisoning by strychnia," says Dr. Taylor, " in human subjects, the 
 heart has been found either empty or deficient of blood in six.'^ To 
 these two other cases may be added, in which the cavities of this 
 organ were found empty (see Gruy's Hospital Eeports, October, 
 1856, Poisoning by Strychnia). So much for " animal" experience, 
 or the evidence of witnesses who rely upon what they have seen in 
 animals in preference to facts derived from an actual examination 
 of human bodies. On an average, in poisoning by strychnia, the 
 symptoms appear in from five to twenty minutes. In two cases at 
 least an hour has elapsed {Lancet, August 31, 1850 ; " On Poisoning 
 by Strychnia," 1856, p. 139). The longest interval recorded is 
 that of tioo hours and a half before the appearance of symptoms. 
 (Poisoning by Strychnia, p. 42.) In a case which occurred to Drs. 
 Lawrie and Cowan in June, 1853, an hour and a half elapsed. In 
 the case of Cook the symptoms commenced in an hour and a quarter, 
 and he died in twenty minutes ; and yet in spite of these facts an 
 attempt was made by the medical witnesses in the defence of Palmer 
 to prove that an interval of an hour and a quarter in the case of 
 Cook rendered it impossible that the symptoms could have been 
 caused by strychnia (Reg. v. Palmer, C. C. C, May, 1856). Such 
 was the substance of the evidence given by Dr. Letheby and Mr. 
 Nunnely, from their experiments upon animals. "Whilst giving 
 these gentlemen full credit for their evidence as regards animals, 
 such analogies, it is clear, can no longer be depended on. 
 
 It is here as well to remark that, as has been before observed, as 
 the symptoms produced by strychnia very much resemble those of
 
 coroners' inquests. 123 
 
 tetanus, so as to require much judgment and discernment on the 
 part of a medical practitioner in detecting the dillerence, so great 
 caution is necessary before such a practitioner pronounces an opinion 
 as to the cause of a fatal attack of tetanus itself, whether the result 
 of violence, or accident, or natural causes — such as exposure to cold 
 and wet (Corraack's Monthly Journal, Dec, 1845, p. 902), "it being 
 scarcely possible to distinguish, by the symptoms, tetanus from 
 wounds from that which occurs spontaneously as a result of natural 
 causes" (Taylor's Med. Jur., p. 333). Where tetanus proves fatal, 
 and there is any particular wound or personal injury on the body, 
 before connecting it with the wound or injury, it will be proper, 
 says Dr. Taylor {ih. p. 335), to make the following inquiries: — 
 1. Whether there were any symptoms indicative of it before the 
 maltreatment. 2. AVhether any probable cause could have inter- 
 vened to produce it, between the time of its appearance and the 
 time at which the violence was inflicted. 3. Whether the de- 
 ceased ever rallied from the efiects of the violence. The time at 
 which tetanus sets in from the effect of a wound is from about the 
 third to the sixth day. A case occurred in St. Bartholomew's 
 Hospital, in September, 1S53, which exemplified the necessity of 
 making a rigorous inquiry into all such circumstances. A boy, 
 aged fifteen, while quarrelling with another received a blow on the 
 back from the other's fist, and this was followed by a kick, but not 
 of a severe character. In about two hours he complained of stifluess 
 about the jaw ; the stiftuess continued to increase, and the jaw 
 became partially fixed. Spasms of the muscles of the back super- 
 vened, and, in one word, there was confirmed tetanus. He died on 
 the fourth day after receiving the blow. It turned out that, six 
 days previously to the first appearance of the tetanic symptoms, the 
 boy had accidentally driven a rusty nail into his foot, and that the 
 suppurating wound resulting from this injury had only closed on 
 the day on which the blow was inflicted, and there could be no 
 doubt, from the whole of the circumstances, that this, and not the 
 blow on the back, had been the cause of the fatal attack of tetanus. 
 (See Lancet, Dec. 10, 1853, p. 550.) It is often the case that the 
 science and skill of the medical practitioner, afterwards called as a 
 witness, can alone distinguish the innocent from the guilty. A man 
 may have received a wound, and yet that wound may not have been 
 the cause of death, or have in any way accelerated it ; or a man 
 may have received two wounds, one inflicted by himself and one by 
 another person, and may certainly have died of one of them. It 
 remains for the medical practitioner to determine which of the two 
 was the cause of death. 
 
 Arsenic. — The following case of poisoning by arsenic shows how 
 even circumstantial evidence of guilt may, in reality, vindicate the
 
 124 coroners' inquests. 
 
 innocence of the accused, -when submitted to the opinion of an in- 
 telligent medical witness. A woman, aged sixty-five, accused her 
 husband, aged seventy, of having attempted to poison her. She 
 handed to the authorities a vessel containing arsenic in coarse 
 powder, and some food, which she stated had been prepared for her 
 by her husband. On analysis the food was found to contain a 
 liirge quantity of arsenic. Tlie husband was immediately committed 
 to prison. The wife remained apparently quite well for eight days 
 afterwards, no symptoms of poisoning having manifested themselves 
 about her. She was then seized with a fit of nausea, and was 
 guilty of many extravagant acts. She died the following day — i.e., 
 nine days after she had accused her husband of having administered 
 arsenic to her in her food. On a post-mortem examination it was 
 evident that she had died from the eflfects of arsenic. The poison 
 was found in large quantities in the alimentary canal, and there 
 were the usual morbid changes in the stomach and intestines. The 
 husband all along denied his guilt ; but yet that guilt, to all ap- 
 pearance, rested upon the medical question, whether a large quantity 
 of arsenic could be taken by a person and remain dormant in the 
 system, without producing any of its usual effects, for the long 
 period of eight days ? 
 
 The witnesses answered the question in the negative. "While 
 the prisoner was with his wife, she did not suflTer from the symptoms 
 of poisoning, nor was there any proof that he had administered 
 poison. When, however, he was in prison, she died from the effects 
 of it. It was fortunate for the accused that during the whole 
 eight days he could not even have been accessory to its administra- 
 tion, and that the medical witnesses were versed in the properties 
 and effects of the poison. The woman had doubtless, in her en- 
 deavours to rid herself of her husband, tampered with herself, but 
 overdid her part in her desire to get up a case against him. (An- 
 nalcs d'Hygiene, 1836, ii. 391.) 
 
 M. Easpail, who at least is a distinguished chemist, and a French 
 savant, some years ago, when dealing with a famous poisoning case, 
 in which the main evidence against the prisoner was that arsenic 
 had been found in the stomach of the victim, startled all France by 
 the doctrine that nature had spread arsenic through the human 
 system, and that, unless found in considerable quantities, its presence 
 in the stomach after death gave no proof of murder. Allowing 
 for the grossest exaggeration in this opinion, it certainly has been 
 a matter of controversy whether arsenic is a constituent part of 
 human bones, and even of the muscular system ; and that it is 
 found in the soil of cemeteries is an acknowledged fact. These 
 scientific differences of opinion, and the admission that zinc and 
 sulphuric acid as well as copper, used in experiments for the detec-
 
 coroners' inquests. 125 
 
 tion of arsenic, are far from being free from arsenic themselves, at 
 least lead to the deduction that the metallic deposit may be ])roved 
 to be arsenical, and yet the arsenic may not be derived from the 
 suspected liquid, the subject of analyzation. 
 
 Without venturing more than to counsel great caution in all cases 
 in which the deposit obtained through experiments is but small, 
 it may fairly be remarked that unless arsenious acid can also be ob- 
 tained from the deposit there can be no certainty that the deposit 
 itself is arsenical, and especially when the other symptoms are not 
 unlike those of cholera. Antimony has been mistaken for arsenic, 
 and as tartarized antimony and James's powder are frequently 
 employed in medicine, and may exist in the stomach at the time of 
 death, it is highly necessary to guard against such a serious fallacy. 
 But if no arsenic be found in the stomach, and only a minute 
 quantity in the tissues, without fully accepting even Orfila's 
 opinion that arsenic exists as a natural constituent of bones, and, 
 as he at one time alleged, of tissues, such conflicting opinions of 
 scientific men of eminence^ even if now exploded, might well cause 
 less distinguished practitioners to hesitate before committing them- 
 selves to a decision as to the origin of the deposit involving the life 
 or death of a fellow-creature. 
 
 This, perhaps, may not be an inappropriate place for stating, once 
 for all, that whether in civil or criminal cases, a witness is not 
 bound to disclose matters which have come to his knowledge as a 
 professional legal adviser ; but other professional persons, it is now 
 considered, either medical or clerical, have no such privilege. It is 
 now conceded that a Protestant clergyman not only may, but must, 
 disclose what has been revealed to him as a matter of religious 
 confession, and therefore, a fortiori, must a medical attendant 
 reveal communications made to him. 
 
 The office of Coroner does not determine by the demise of the 
 sovereign (1 Lev. 120; 3 Salk. 100; Dyer, 165). He is chosen 
 for life, but he may be removed by the ancient writ Be Coronatore 
 exonerando, for a cause to be therein assigned (1 Bl. Com. 348 ; 
 F. Nat. Brev. 163-4). It is unnecessary to particularize the causes 
 which have from time to time been deemed sufficient to justify a 
 coroner's removal under this writ, as now, by the 23 & 24 Yict., 
 c. 116, s. 6, the Lord Chancellor is empowered, " if he shall think 
 fit, to remove for inability or misbehaviour in his office," any exist- 
 ing or future coroner. The only offices that disqualify for the 
 appointment of Borough coroner are those of alderman or coun- 
 cillor, the right of such appointment being vested in the council of 
 every borough in England and Wales in which, under the provisions 
 of the Municipal Corporation Act, (5 & 6 AVm. 4, c. 76,) a separate 
 Court of Quarter Sessions is or shall be holden.
 
 126 
 
 CHAPTER XIII. 
 
 EEGISTEATIOlSr OF BIETHS, DEATHS, AND MAEETAGES. 
 
 Althotigh the Act 6 & 7 "Wm, IV., c. 86, has no special reference 
 to the medical profession, yet as, under it, medical practitioners 
 are frequently appointed registrars, and as any one present at 
 either the birth or the death of a person may be required under the 
 provisions of the Act to perform certain duties which may be 
 deemed of a public character, and as such, almost necessarily, de- 
 volve on medical attendants more frequently than upon others, a 
 brief allusion to this Act will probably not be considered altogether 
 out of place, although its provisions must be already familiar to 
 almost every family throughout the country. The Poor Law 
 Guardians are by the Act empowered to appoint superintendent 
 registrars and registrars for the different districts into which 
 unions or parishes may be divided, and the clerk to the guardians, 
 if he be qualified to the satisfaction of the Eegistrar- General, 
 may if he please accept such office of superintendent registrar. 
 And in the event of his refusal or disqualification, the guardians 
 may appoint any other person with such qualifications as the Eegis- 
 trar-General may declare to be necessary, one of which is residence 
 within the district. The father or mother of any child born, or 
 the occupier of any house or tenement in which any birth or death 
 shall happen, -may within forty-two days after the day of such birth, 
 or within five days after the day of such death, give notice of such 
 to the registrar of the district ; and in case any new-born child, 
 or any dead body shall be found exposed, the overseers of the poor 
 in the former case, and the coroner in the latter case, shall give 
 notice thereof, and of the place where such child or dead body was 
 found, to the registrar. And the father or mother of every child 
 born after the passing of the Act, or in case of the death, ill- 
 ness, absence, or inability of the father and mother, the occupier of 
 the house or tenement in which such child is born shall, within 
 forty-two days after its birth, give information to the registrar, upon 
 being requested so to do, to the best of their knowledge and belief, 
 of the particulars required. But after the expiration of such 
 forty-two days it is made unlawful for the registrar to register such 
 birth, unless within six months from the date of the birth any
 
 REGISTRATION OF BIRTHS, DEATHS, AND MARRIAGES. 127 
 
 person present at the birth, or the father or guardian make a decla- 
 ration of all the particulars required — in which case the registrar 
 may, in the presence of the superintendent registrar, register such 
 birth. The superintendent registrar, in such case, before whom 
 the declaration is made, as w^ell as the registrar, shall si"-n the 
 entry of birth, and unless the entry shall be so signed no register 
 of births sliall be received as evidence of the birth of such child ; and 
 every person who shall knowingly register or cause to be registered 
 the birth of any child, otherwise than as directed, after the expira- 
 tion of forty-two days from the day of its birth, shall forfeit 50/. 
 And after six months from the birth of any child, except one born 
 at sea, no registrar shall register such, nor shall any register to 
 prove the birth of any such child, with the exception before-named, 
 be given in evidence wherein it shall appear that six calendar 
 months have intervened between the day of birth and that of regis- 
 tration. Any one offending against this enactment shall also forfeit 
 for such offence 501. 
 
 If any child duly registered shall, within six months after such 
 registration, have any name given it in Baptism, the person pro- 
 curing such name to be given may, within seven days after such 
 baptism, deliver to the registrar, or superintendent-registrar, a cer- 
 tificate in the form of Schedule (G) signed by the minister who has 
 baptized it, and upon the receipt of such the registrar, or superin- 
 tendent-registrar, shall register that the child was baptized in such 
 name, and shall certify upon the certificate the additional entry, 
 and send the said certificate to the Eegistrar-General. 
 
 In the case of a death, some person present at it, or in attendance 
 during the last illness of the deceased, or in case of the death or default 
 of such person, the occupier of the house or tenement, or if the 
 occupier be the person deceased, some inmate of the house or tene- 
 ment in which the death took place is required, within eight days 
 after such death, to give information, upon being requested so to 
 do, to the registrar, according to the best of his ability, of all par- 
 ticulars touching the death of such person, except in the case of 
 inquests, when the coroner's jury shall make the requisite inquiry, 
 and the coroner shall inform the registrar of their finding and the 
 registrar shall make the entry accordingly. 
 
 And every registrar, immediately upon registering any death, or 
 as soon as required, shall deliver to the undertaker, or any one 
 having charge of the funeral of the deceased, a certificate, according 
 to form of Schedule (E), of such registration, and the undertaker, 
 or other person, shall deliver the same to the officiating minister • 
 and if any body be buried without such certificate, the person 
 burying, or performing any such funeral or religious service, shall 
 forthwith give notice thereof to the registrar.^— Provided that a
 
 128 REGISTRATION OF 
 
 coroner in his discretion may order the burial before registration, 
 and in such case shall give a cex'tificate of his order to the under- 
 taker or person having charge of the funeral. And any one who 
 shall bury, or perform any funeral or religious service for the 
 burial of a dead body without receiving one or other such certi- 
 ficate shall forfeit 101. Also any one wilfully making, or causing 
 to be made, for the purpose of being inserted in any register of 
 birth, death, or marriage, any false statement touching any of the 
 particulars required to be registered, shall be deemed guilty of per- 
 jury. And further, every registrar who shall refuse, or, without 
 reasonable cause, omit to register any birth or death of which he 
 shall have had due notice, and any person having the custody 
 of the register-book, or certified copy of any part thereof, who 
 shall carelessly injure, or allow to be injured the same, shall 
 forfeit 501. for every such offence. 
 
 And every person wilfally destroying or injuring or causing to be 
 destroyed or injured any such register book or certified copy of any 
 part thereof, or falsely counterfeiting or causing to be counterfeited 
 any part of such, or who shall wilfully insert or cause to be inserted 
 in any such book or certified copy of any part thereof, any false 
 entry of any birth, death, or marriage, or shall wilfully give any 
 false certificate, or shall certify any writing to be a copy or extract 
 of any register book, knowing the same register to be false in any 
 part, or shall forge or counterfeit the seal of the Eegister Ofiice, 
 shall be guilty of felony. 
 
 Penalties under this Act are recoverable before two justices of 
 the peace of the locality, with power to levy them by distress and 
 sale of goods ; and for want of such distress such justices may 
 commit the offender to prison for one month, an appeal being given 
 in all cases above 51. to the next General or Quarter Sessions, to be 
 held not sooner than twelve days after such conviction, upon the 
 usual written notice of appeal being served, together with the grounds 
 of appeal, within three days after such conviction, and seven clear 
 days before such Sessions, and the appellant entering into recogni- 
 zances with two sureties to prosecute such appeal. 
 
 Such are the requirements of the Act, at least as far as they even 
 indirectly bear upou the Medical Profession. It may be added, that 
 by 1 & 2 Vict., c. 49, the production of the certificate of any super- 
 intendent registrar or registrar of births and deaths, attested by 
 two credible witnesses, certifying that such is a true copy of the 
 ret^ister book, or of the certificate of the Registrar- General under 
 the seal of the Register Ofiice, is sufiicient evidence of the birth, 
 death, or marriage of any nominee for enabling the Commissioners 
 for the reduction of the National Debt to grant life annuities, 
 accompanied with a declaration of the identity of such nominee ;
 
 BIRTHS, DEATHS, AND MARRIAGES. 129 
 
 and whenever any such certificate is produced of any other than 
 the Eegistrar-General, a declaration must be annexed to it of the 
 witnesses who attested its execution, or one of them, to be made 
 before a magistrate of the place wherein the place of the birth, 
 death, or marriage of the nominee shall he situate, setting forth that 
 such witness or witnesses compared the copy of the register with 
 the register itself, and that it is a true and literal copy thereof, and 
 that he or they saw the registrar or superintendent registrar sign 
 the certificate, and that the names of such witnesses are of their 
 own handwriting. 
 
 Suggestions as to the duties of officers to public institutions, 
 whether those institutions have their head-quarters, like those of 
 the Eegistrar-General in the metropolis, and themselves are distri- 
 buted in local districts throughout the country, or whether they 
 present the more tangible and corporeal form of prisons or work- 
 houses, should rather come from those thus brought into practical 
 working with such institutions than from those who can do little 
 more than call attention to the requirements which the law exacts 
 of its officers. "Whether as surgeon to a county or government 
 prison, to a union workhouse, or in aiiy official medical capacity at 
 an hospital, or as holding the appointment of public vaccinator, or 
 even superintendent registrar or assistant registrar of births, deaths, 
 and marriages (which latter, as before mentioned, are not neces- 
 sarily medical appointments), any suggestions for practically and 
 efficiently executing the duties of the office would assuredly present 
 themselves to any well-regulated mind, attuned by good common 
 sense, in a far more effective fomn than they could be stereotyped 
 on paper by those who have had no experience of that force of cir- 
 cumstances which creates the suggestions desired. There is no 
 royal road to practical experience ; and however a young practitioner, 
 and perhaps a still younger public officer, might desire directions or 
 instructions by which to regulate his conduct, a determination 
 efficiently to discharge his duty, and a zealous ambition to do witli 
 his might whatever his hand has undertaken, no matter how humble 
 or matter of routine may be the requirements, will readily supply 
 the place of any leading-strings, in the shape of suggestions from 
 others, which after all might turn out to be crude ; and, even though 
 they bore the impress of originality, would perhaps be found more 
 to be admired in theory than to be implicitly followed as a rule in 
 practice. 
 
 K
 
 130 
 
 CHAPTER XIV. 
 
 POOE-LAW LEGISLATION AS ArFECTING MEDICAL PBACTITIONEES. 
 PATJPEE LUNATICS, INCLUDINa CRIMINALS AND PEISONEfiS TOE 
 DEBT. 
 
 Section I. 
 
 PATJPEES IN WOEKHOUSES OE POOR LAW DISTETCTS. 
 
 The only medical practitioners liable to be affected by Poor Law 
 legislation are the medical officers appointed by the Poor Law 
 Guardians of their respective unions, either to districts into which 
 such unions are for this purpose divided, or to workhouses, or as 
 public vaccinators ; and here it may be remarked that a medical 
 officer of any such district or workhouse cannot, as a matter of 
 right, claim to be appointed a public vaccinator, but, as a matter of 
 practical convenience it has been found desirable, as the readiest 
 mode of complying with the statutes, to confer the appointment on 
 such medical officers. The salary, therefore, assigned as medical 
 officer for the district or workhouse should have no reference to the 
 remuneration which such officer is to receive as public vaccinator, if 
 holding, or about to hold, that office ; for, although appointed to 
 both offices by the same authorities, the appointments and remune- 
 ration respectively are based upon two distinct contracts. It is 
 desirable to bear this distinction in mind, as, in the event of having 
 to sue for the recovery of either or both salaries, such distinction 
 might become a matter of practical importance. The appointment 
 of public vaccinator is made under a written contract between the 
 guardians and a duly qualified medical practitioner, the form of such 
 contract being furnished under a general order of the Poor Law 
 Board, subject to such modifications as the guardians, with the 
 approval of the Poor Law Board, may determine upon ; whereas, 
 the appointment of medical officer to a district or workhouse 
 under the Poor Law Amendment Act may be either by agreement 
 between a medical practitioner and the guardians, written and under 
 seal, in which case the remedy would be by action on the contract;
 
 POOR-LAW LEGISLATION. 131 
 
 or, if there is no such contract, but there has been an election, at 
 such salary, or the Poor Law Board have fixed the same by order, 
 the proper remedy is by mandamus from the Ct. Q. B, (Addison 
 V. Mayor of Preston, 12 C. B. lOS ; and Smart v. West Ham 
 Union, 10 Ech. E. 5G7 ; and 11 Ech. R. 867.) The salary is payable 
 up to the date at which the medical officer ceases to hold office ; but 
 if he be suspended by the Board of Guardians from the discharge 
 of his duties, and is dismissed by the Poor Law Board without such 
 suspension having been previously removed, he is only entitled to 
 his salary up to the date of his suspension. (See Art. 173 and 
 175 of the Consolidated Order of the Poor Law Commissioners 
 (24 July, 1847,) relating to the medical relief of the poor.) 
 Although no attempt will be made in this work to unravel the 
 intricacy of official regulations, or to elucidate the complex character 
 of duties — perhaps at all times " hard to be " thoroughly " under- 
 stood," more especially as red-tapeism is an inexorable taskmaster 
 — a hint or two may yet be dropped, or a suggestion offered, which 
 may save many an honestly-intentioned medical officer from falling 
 into the meshes with which verbose or ambiguously worded Acts of 
 Parliament, and sometimes even the more carefully drawn general 
 orders of the Poor Law Board seem to environ them. For instance, 
 by 9 & 10 Vict., c. 66, s. 6, " If any officer of any parish or union 
 do, contrary to law, with intent to cause any poor person to become 
 chargeable to any parish to which such person was not then charge- 
 able, convey any poor person out of the parish for which such officer 
 acts, or cause or procure any poor person to be so conveyed, or give 
 directly or indirectly any money, relief, or assistance, or afford or 
 procure to be afforded anj Jaciliti/ for such conveyance, or make any 
 offer or promise, or use any threat to induce any poor person to 
 depart from such parish, and if, in consequence of such conveyance 
 or departure, any poor person become chargeable to anj' parish to 
 ■which he was not then chargeable, such officer, on couviction thereof 
 before any two justices, shall forfeit and pay for every such oflence 
 any sum not exceeding 51., and not less than 21." 
 
 Medical officers rendering assistance, though of a strictly pro- 
 fessional character, as, for instance, administering stimulants or 
 medical nutriment with a view to alleviate the fatigue of travelling, 
 if done with the intent to assist in the conveyance or departure of 
 such poor person out of the parish for which such officer acts, and 
 if in consequence of such departure, so facilitated, such person be- 
 comes chargeable to another parish, the medical officer so rendering 
 assistance, even though dictated by humanity, is amenable uuder 
 the above section, provided he was aware of the object of the poor- 
 law officers in effecting the removal, viz., to cause such person to 
 become chargeable to another parish to which he was not then 
 
 k2
 
 132 POOR-LAW LEGISLATION. 
 
 chargeable. See "Walsh's " Poor-Law Medical Officers' YadeMecum," 
 where an instance of such liability on the part of a medical officer is 
 given, as having resulted in a conviction of the officer. The case 
 thus referred to is as follows : — The medical officer of the Tadcaster 
 Union was summoned, at eight o'clock on the morning of the day 
 on which the offence is charged as having been committed, to attend 
 a woman in labour at the Tadcaster railway station. Upon his 
 arrival there, finding that another surgeon was in attendance, he 
 withdrew, and heard no more of the case until one o'clock in the 
 day, when, at the request of the overseer, he accompanied him and 
 the assistant overseer to the railway station, where they found the 
 woman sitting iu an arm-chair in the waiting-room. She was, under 
 the circumstances, unusually strong and well. She had not been 
 put to bed ; she herself stating, iu answer to inquiry, that she was 
 very well as she was, and nothing had taken place since delivery to 
 cause debility. She said she had walked from Leeds the day before, 
 aud expressed a wish to return there, as she had at that place a 
 home and a mother. The medical officer thereupon gave it as his 
 opinion that she might, without risk, be permitted to return, pro- 
 vided she were conveyed with all proper care, &c. The woman 
 even offered to pay her own fare by train, and repeatedly expressed 
 her wish to go home, thus disarming the medical officer of any 
 suspicion that she would upou her arrival become chargeable to the 
 towusliip of Leeds. The magistrates gave their decision in the 
 following terms : — " This person, at the time of her affliction, was 
 in a state of pauperism, and in her condition she ought to have been 
 taken care of, till she was sufficiently recovered, by the officers of 
 the place in which she was found. Instead of doing so, they assist 
 her, and cause her to be removed to Leeds, where she had not before 
 been chargeable, but immediately afterwards was so. This seems 
 to us to have been the natural and inevitable consequence of the 
 removal ; and we think the intent, as charged, has been proved 
 against the defendants." The penalty inflicted was 5/^., or in de- 
 fault seven days' imprisonment. 
 
 In concluding this section of the chapter, it may be remarked 
 that by section 2 of the 4 & 5 Vict., c. 32, (one of the Yaccinatioa 
 Acts,) vaccination shall not be considered to be parochial relief, and 
 that no persons availing themselves of it shall, by reason thereof, 
 be deprived of any right or subjected to any disability.
 
 POOR-LAW LKGISLATION. ^2'. 
 
 Sectiok II. 
 
 PAT] PEE LUNATICS, INCLUDING CRIMINALS AND PRISONEES FOE 
 
 DEBT, 
 
 Medical certificate. — The form of tlie certificate is prescribed by 
 the Act 16 & 17 Vict., c. 97, s. 67, and Schedule V, No. 3 (see 
 Appendix). If given alone by the medical man who is called in, it 
 is not conclusive, but if given by the medical officer, in addition to 
 such medical man, the justice or ofBciating clergyman and relieving 
 officer (or overseer) will have no alternative, and must make an 
 order accordingly for the admission of the pauper into an asylum 
 (s. 7, last proviso). The order, however, will not authorize the 
 admission of the pauper after the lapse of seven clear days from the 
 date of the certificate (s. 73). Where the certificate is signed by 
 a medical man called in by a justice, the latter may order the 
 guardians (or overseers) to pay a reasonable remuneration for the 
 examination (s. 69). If any certificate be found incorrect, it may 
 be amended within fourteen days after the pauper's admission, with 
 the sanction of the Commissioners in Lunacy, who, if it be not 
 amended, may discharge the pauper (16 & 17 Vict., c. 97, s. 87 ; 
 25 & 26 Vict., c. Ill, s. 27). By the 66th section of the former 
 Act, " every pauper lunatic not in an asylum or an hospital regis- 
 tered or a house licensed for the reception'' of lunatics" is to be 
 personally visited once in every quarter of a year " by the medical 
 officer of or for the parish or union, or district of a parish or union, 
 in which such lunatic is resident," who is to make his report in the 
 form prescribed, the object of such visitation being to show whether 
 all pauper lunatics, not in confinement, " are or are not properly 
 taken care of, and may or may not properly remain out of an 
 asylum ;" and with respect to the lunatics in any workhouse, the 
 medical officer as aforesaid is required, upon his quarterly visits of 
 such inspection, to certify whether, in his opinion, the workhouse is 
 or is not sufficient for the accommodation of the lunatics detained 
 therein, and whether or not the lunatics so detained are proper 
 persons to be kept in a workliouse (16 & 17 Vict., c. 97, s. Q^; 
 25 & 26 Vict., c. Ill, s. 21, and Schedule B). A special remunera- 
 tion is assigned to the medical officer in respect of " each such 
 quarterly visit to any pauper not being in a workhouse," and the 
 forms are to be supplied to him by the guardians. 
 
 On becoming aware that any pauper resident in his district is or 
 is deemed to be a lunatic, and a proper person to be sent to an 
 asylum, the medical officer is to give written notice thereof, within 
 three days, to the relieving officer ; or if there be no relieving officer,
 
 134 POOR-LAW LEGISLATION. 
 
 to tlie overseers, subject to a penalty not exceeding 101. for neglect 
 (16 & 17 Vict., c. 97, s. 67 & s. 70). Pauper lunatics wandering 
 abroad and away from control may be dealt with in the same way 
 as private lunatics, under 16 & 17 Vict., c. 97, s. 68. This enact- 
 ment has been already adverted to in a former chapter. If an order 
 be made for his admission into an asylum it must be in the form 
 prescribed by the Act, (Schedule F, No. 1,) and will have the same 
 eftect as an order made under s. 67. (The provisions of ss. 75, 76, 
 and 122 will apply to the medical certificate required under s. 68.) 
 
 A-uy two visitors, with the advice in writing of the medical officer 
 of the asylum, may permit ant/ patient to be absent from the asylum 
 on trial for such period as they may think fit, making an allowance 
 to him ; the amount whereof is to be charged and paid as if he were 
 in the asylum (16 & 17 Vict., c. 97, s. 79). If he do not return at 
 the proper time he may be retaken within fourteen days afterwards, 
 unless a medical certificate be sent to the visitors, certifying that 
 his detention in an asylum is no longer necessary (s. 79). And by 
 the same section any two of the visitors of a lunatic asylum, with 
 the advice in writing of the medical officer of the asylum, may order 
 the discharge of any pauper lunatic who has been received into such 
 asylum. 
 
 In the case of the death of a pauper lunatic in an asylum, a notice 
 and statement of the death, in the prescribed form (Schedule F, 
 No. 5), and the cause of death, and the names of any persons present 
 at the death, must be drawn up and signed by the clerk and medical 
 officer, and copies transmitted to the following persons : — 1. The 
 Begistrar of Deaths for the District ; 2. The Commissioners in 
 Lunacy, the relieving officer, or the overseers of the union or parish 
 to which the deceased was chargeable. As to legal proceedings 
 against the superintendent of a county asylum for furnishing a 
 defective certificate of the cause of death, which omitted to mention 
 the post-mortem examination, see Seventeenth Report of the Com- 
 missioners, 1863, pp. 32-34. 
 
 The Attorney-General v. Pearson (10 Jurist, 651), arose out of 
 a case which occurred in the parish of Islington in 1842. 
 
 James Elliot, an alleged lunatic, brought an action for assault 
 and false imprisonment against the overseers, the relieving officer, 
 the master of the workhouse, the medical officer, and a person named 
 Beavan, which was tried before Ch. Justice Tiudal in the Court of 
 Common Pleas, at Westminster, in May, 1844. The jury found 
 a verdict for the plaintiff, with 400^. damages. A motion was after- 
 wards made for a new trial (see 14 Law Jour. Eep. (N.S.) C. P., 
 136, and 1 C. B. E., 18), and by consent the Court reduced the 
 damages to 200/., and a stet processus was entered in a second action
 
 POOR-LAW LEGISLATION. 135 
 
 which had been commenced. The medical officer (Semple) and 
 Beavan suffered judgment to go by default. The damages and costs 
 on both sides amounted to nearly 900?., and were paid by the trus- 
 tees of the parish of Islington out of the rates ; and an informa- 
 tion was filed by two ratepayers, seeking to charge the trustees 
 personally with the payment of the amount. The Court (V.C. 
 Kniglit Eruce) under all the circumstances of the case, and being 
 of opinion that tlie facts were such as to justify the parish officers 
 in interfering, dismissed the information with costs. This case is re- 
 ferred to principally as an instance of the amount of litigation that may 
 ensue through a mistake, partly that of the medical officer of the parish. 
 As the Lord Chief Justice put it to the jury, the case resolved itself 
 into whether " at the time of the committing of the trespasses the 
 plaintiff was a dangerous lunatic and in a state of destitution.'' On 
 the occasion of the motion for a new trial his lordsliip, whilst sug- 
 gesting the above compromise by reducing the damages, said : — 
 " The defendants stand wholly absolved from the suspicion of having 
 acted from sinister or malignant motives. The most that can be 
 said is, that they mistook their course." 
 
 Up to the year 1808 the only enactments affecting pauper luna- 
 tics were certain provisions in successive Vagrant Acts, which 
 authorized the detention of dangerous lunatics, in chains, if necessary 
 (i-ather with a view to the protection of the public than for their 
 own benefit), and which provided for their removal to the parishes 
 of their settlement, and the application of their property towards 
 their maintenance. In the year 1808, however, the 48 Geo. III., 
 c. 96, was passed, and laid the foundation of that system of providing 
 public lunatic asylums at the expense of the respective counties and 
 boroughs in England and Wales, which has since been gradually, 
 though not yet completely, carried into effect. The scheme of this 
 Act, in its general features, has been in the main adhered to in the 
 subsequent legislation on this subject ; though improvements have 
 been introduced from time to time. 
 
 This Act, as also a subsequent Act (the 9 Geo. IV., c. 40), left 
 it entirely at the option of the justices to provide asylums or not, 
 as they might think proper ; but the 8 & 9 Vict., c. 12(5, introduced 
 an important change upon this point, by rendering it incumbent 
 upon the justices of every county and borough, not already provided 
 with an asylum, to obtain one, either separately, or jointly with 
 other counties and boroughs, and by empowering the Secretary of 
 State, after the lapse of three years, to require the justices to take 
 the necessary steps for that purpose, in every case in which they 
 might then have omitted to do so. Notwithstanding this enactment, 
 however, it appeared from the Seventh Annual Eeport of the
 
 136 POOR-LAW LEGISLATION. 
 
 Commissioners in Lunacy (1853), that in 1852 there were still 
 several counties unprovided with asylums, and that there were only 
 four boroughs which sepai'ately possessed one. Looking at this 
 deficiency, and the importance of supplying it, the legislature, by 
 the Act of 1853 (IG & 17 Vict., c. 97) made it compulsory upon 
 the justices of every county not having an asylum to provide one 
 forthwith, either by erecting or otlierwise providing an asylum for 
 the county alone, or by uniting for that purpose with any county 
 or counties, borough or boroughs ; and also (if deemed expedient) 
 with the subscribers to any hospital for lunatics established, or in 
 course of erection, or afterwards to be established ; but so that no 
 agreement for this purpose should interfere with the reception of 
 as many lunatics not paupers as might otherwise have been received 
 into such hospital. The Act likewise imposed a similar obligation 
 upon the justices (or council) of every borough not having an 
 asylum, excepting any borough in which at the passing of the 
 8 & 9 Vict., c. 126, there were not six justices besides a recorder, 
 (which boroughs, as well as cities, towns, or other districts, not 
 being boroughs within the meaning of the Act, were to be an- 
 nexed for the purposes of the Act to the adjacent counties) though 
 it allowed such boroughs as might prefer this alternative, to con- 
 tract for the reception of their lunatics into the asylums of other 
 boroughs or counties ; and it further provided, that boroughs thus 
 contributing to county asylums should be considered as possessing 
 asylums. 
 
 It is not necessary here to describe further the provisions of 
 this Act, or to do more than state, that all necessary powers are 
 conferred upon the justices for carrying the Act into effect, and 
 for providing visitors to manage the asylum when provided. 
 Such visitors may also enter into temporary contracts for sending 
 pauper lunatics into the asylums of other counties or boroughs, or 
 into registered hospitals or licensed houses, as well as for receiving 
 pauper and other lunatics of other counties or boroughs into their 
 asylums, where there is accommodation to spare. The proceedings 
 are to be subject, in certain respects, to the supervision and con- 
 trol of the Commissioners of Lunacy and the Secretary of State. 
 
 By 16 & 17 Vict., c. 97, s. 72, no pauper shall be received into 
 any asylum, registered hospital, or licensed house (save under the 
 provisions with respect to removal), without an order according to 
 the form required in Schedule (E), No. 1, signed by one justice, or 
 an ofliciating clergyman, and one of the overseers or the relieving 
 officer of the parish or union from which such pauper is sent, to- 
 gether with a statement of particulars (see Schedule) and a medical 
 certificate, according to the form in Schedule (E), No. 3, signed by 
 one medical practitioner who shall have personally examined him
 
 POOR-LAW LEGISLATION. 137 
 
 not more than seven clear days previous to his reception : And every 
 one receiving any pauper into any asylum without sucli order and 
 certificate (save under auy of the said provisions) shall be guilty of 
 a misdemeanour. 
 
 As to the liabilities of persons signing the order, see Fletclier v. 
 Fletcher, 1 E. & E. 420, L. J. E. (N. S.) Q. B. 131. But it is 
 rather with persons signing the medical certificate that this treatise 
 is concerned. The Commissioners in Lunacy, in a letter addressed 
 to the Lord Chancellor on the 4th July, 1849, (which was printed 
 by order of the House of Commons on 1st August, 1849 ; Sess. 
 Papers, No. 620,) entered very fully into this important question. 
 They said — " It is of vital importance that no mistake or miscon- 
 ception should exist, and that every medical man who may be 
 applied to for advice on the subject of lunacy, and every relative 
 and friend of any lunatic, as well as every magistrate and parish 
 officer (each of whom may be called upon to act in cases of tliis 
 sort) should know, and be well assured that, according to law, any 
 person of unsound mind, whether he be pronounced dangerous or 
 not, may legally and properly be placed in a county asylum, lunatic 
 hospital, or licensed house, on the authority of the preliminary 
 order and certificate prescribed by the Acts." "With respect to 
 resorting to a Commission of Lunacy, the Commissioners added — 
 " It is obvious that the finding of a jury is in no case essential, in 
 order legally to justify the coufiuement of a person of unsouud 
 mind." (See also the Fourth Annual lleport of the Commissioners, 
 30th June, 1849, p. 10 ; and Fifth Eeport, 30th June, 1850, p. 14.) 
 At common law the power of restraining and confining a lunatic is 
 limited to cases in which it would be dangerous, either as regards 
 others or himself, for the lunatic to be at large, and though the 
 powers given under the Lunacy Acts are not so limited, it is im- 
 portant that the provisions of those Acts should be strictly observed. 
 By the 5 & Vict., c. 22, it was enacted, that if auy prisoner 
 confined in tlie Queen's Prison should, become insane, it should be 
 lawful for one of the principal Secretaries of State, upon the certificate 
 of two physicians or surgeons to that etfect, to remove him to 
 Bethlehem Hospital, there to remain until it shall be duly certified 
 by two physicians or surgeons that such prisoner had become of 
 sound mind, whereupon the Secretary of State might order him to 
 be re-delivered into the custody of the keeper of the Queen's 
 Prison. 
 
 Under this enactment a prisoner for debt might, upon becoming 
 insane, be thus removed. (Gore v. Sir George Grey and others, 
 9 Jurist (N. S.) 752.) — Such judgment aflirmed in the Exch. 
 Chamber, 33 L. J. E. (N. S.) C. P. 109, but the Queeu's Prison no 
 longer exists as a debtors' pi'ison. Similar Acts have been passed
 
 138 POOR-LAW LEGISLATION. 
 
 having reference to convict prisons alone — as, for instance, 5 & 6 
 Vict., c. 29 (Peutonville), by whicli any convict may, upon being 
 reported insane by the Commissioners for governing the prison, be 
 sent by order of the Secretary of State to such lunatic asylum as 
 the Secretary of State shall direct, there to remain until it be cer- 
 tified by two physicians or surgeons that he has become sane, 
 whereupon, if his time of imprisonment shall not have expired, he 
 shall be remanded to Peutonville. A similar Act was passed with 
 respect to Millbank, (6 & 7 Yict., c. 26,) with the exception that 
 the prisoner must not only be reported by the Inspectors of the 
 prison as insane, but must be found to be so upon the certificates 
 of two physicians or surgeons. 
 
 By 23 & 24 Vict., c. 75, entitled an Act to make better pro- 
 vision for the custody and care of Criminal Lunatics (6th August, 
 1860), under section 14 — " Two or more of the Commissioners in 
 Lunacy, one at least of whom shall be a physician or surgeon, and 
 one at least a barrister, shall, once or oftener in each year, on 
 such day or days, and at such hours of the day, and for such length 
 of time as they think fit, and also at any time when directed by 
 the Secretary of State, visit every asylum for criminal lunatics, and 
 shall inquire as to the condition, as well mental as bodily, of the 
 persons confined therein, or any of them, and shall also make such 
 other inquiries as to such asylum as to them may seem proper, or 
 as such Secretary of State may direct." 
 
 And by the 15th section the Commissioners are directed in 
 the month of March in every year, to report to one of the prin- 
 cipal Secretaries of State the visits made as aforesaid in the pre- 
 ceding year, with such particulars as they may think deserving of 
 notice. 
 
 SCHEDTJLE (A) OP THE AcT. 
 
 Statement respecting Criminal Lunatics to ie filled up and trans- 
 mitted to the Medical Superintendent with every criminal lunatic. 
 
 Name. 
 
 Age. 
 
 Date of Admission. 
 
 Former Occupation. 
 
 From whence brought. 
 
 Married, Single, or Widowed. 
 
 How many Children. 
 
 Age of Youngest. 
 
 Whether first attack. 
 
 When previous attacks occurred.
 
 POOR-LAW LEGISLATION. 139 
 
 Duration of existing attack. 
 
 State of bodily health. 
 
 Whether suicidal, or dangerous to others. 
 
 Supposed cause. 
 
 Chief delusions or indications of Insanity. 
 
 Whether subject to Epilepsy. 
 
 Whether of temperate habits. 
 
 Degree of Education. 
 
 Eeligious persuasion. 
 
 Crime. 
 
 Where and when tried. 
 
 Verdict of Jury. 
 
 Sentence. 
 
 Such are the particulars required to be embodied in every certifi- 
 cate, duly filled up and authenticated, to be transmitted with every 
 person whom the Secretary of State may direct, under the pro- 
 visions of this Act, to be removed to any asylum for crimiuul 
 lunatics. 
 
 By the 24 & 25 Yict., c. 134 (entitled an Act to amend the Law 
 relating to Bankruptcy and Insolvency in England, 1861), "if any 
 person being or alleged to be of unsound mind shall be in prison for 
 debt, the gaoler shall forthwith require a justice of the peace for 
 the county or place to visit such debtor, and inquire into his state 
 of mind ; and such justice shall call to his assistance two duly 
 qualified medical practitioners, each of whom shall be a physician, 
 surgeon, or apothecaiy, and each of whom shall separately examine 
 such debtor, and if such two medical practitioners shall each sign a 
 certificate with respect to such debtor, according to the form in 
 Schedule H, and the justice be also satisfied from his own view that 
 such debtor is of unsound mind, he shall certify the same to the 
 proper Court, and thereupon the Court may appoint some one to 
 represent such debtor, and direct such proceedings to be taken for 
 adjudication in Bankruptcy against him as the Court shall think fit. 
 And such prisoner may thereupon be removed to the county asylum 
 as a lunatic. Such prisoner to be dealt with in all respects as a 
 pauper lunatic, and in the event of his recovery shall, if still liable 
 to be detained in custody as a debtor, be remitted to the gaol from 
 whence he was received." 
 
 Schedule (H) eefeered to. 
 JEbrm of Medical Certificate. 
 I, tbe undersigned, being a {here set forth the
 
 140 POOR-LAW LEGISLATION, 
 
 qnaliji cation entitling the •person to 'practise as a pliysician, surgeon, or 
 apothecary, ex.gra.. Fellow of the Royal College of Physicians in 
 London, Licentiate of the Apothecaries Company, or as the case 
 may he), and being in actual practice as (Physician, Surgeon, or 
 Apothecary, as the case may he), hereby certify that I, on the 
 day of , at the G-aol of , at , in 
 
 the county of , separately from any other medical prac- 
 
 titioner, personally examined , a prisoner for debt 
 
 iu the same gaol, and that the said is a (lunatic, 
 
 or an idiot, or a person of unsound mind), and a proper person 
 to be taken charge of and detained under care and treatment, and 
 that I have formed this opinion upon the following grounds, 
 viz, : — 
 
 1, Facts indicating insanity observed by myself (Jiere state the 
 facts) . 
 
 2. Other facts (if any) indicating insanity communicated to me 
 
 by others (here state the information and from whom). 
 (Signed) Name, 
 
 Place of abode. 
 Dated this day of , one thousand eight 
 
 hundred and 
 
 This Act is still referred to and the form of certificate given, 
 because although imprisonment for debt is commonly said to have 
 been abolished by the recent Bankruptcy Bill, debtors may still be 
 committed to prison under certain circumstances, which it is not 
 necessary to enumerate here, by order of the Court or of a Judge, 
 and whether they should be said to be committed for contempt of 
 Court in not obeying its judgment or order to pay the debt, or for 
 the debt itself, they would probably still come under the definition 
 of " prisoners for debt," and if insane would have to be removed to 
 a lunatic asylum. But even should a short Act be required to 
 facilitate that object, doubtless the same form of medical certificate 
 would be annexed to it. 
 
 By the 27 & 28 Vict., e, 29 (entitled, an Act to amend the Act 
 3 & 4 Vict., c, 54, for making further provision for the confinement 
 and maintenance of insane prisoners,) (23 June, 1864), which was 
 passed in consequence of the proceedings which occurred in the case 
 of Townley, mentioned in a previous part of this work, the first 
 section of 3 & 4 Vict., c, 54, is repealed, and other pi'ovisions are 
 made enabling the Secretary of State to remove insane prisoners, 
 confined under any other than civil process, from prison to a lunatic 
 asylum, under certain circumstances and conditions. This Act 
 also transfers the charge of the maintenance of such prisoners
 
 POOR-LAW LEGISLATION. 141 
 
 from the parish of the settlement to the common fund of the 
 •union. (S. 5.) 
 
 The 3 & 4 Vict., c. 54, did, and the 27 & 28 A^ict., c. 29, does, 
 empower the Secretary of State to remove the insane prisoners to 
 such county lunatic asylum or other proper receptacle as he may 
 judge and appoint ; and, with reference to 39 & 40 Greo. III., c. 94, 
 and 3 & 4 Vict., c. 54, the Metropolitan Commissioners in Lunacy, 
 in their general report of 1811 (p. 198), stated as follows: — "It has 
 been assumed in pi'actice, that the Acts above cited are compulsory 
 upon the visitors of county asylums, and that they cannot refuse to 
 receive persons committed under lloyai warrant." By the second 
 section, the justices therein described are empowered and required 
 in the case of all prisoners under any sentence short of death, or 
 under any charge, or for want of finding sureties for good behaviour, 
 or in consequence of any summary conviction, to call to their 
 assistance two physicians or surgeons, or one physician and one 
 surgeon, duly registered as such respectively under the provisions 
 of the Medical Act (1858), and to be selected by them for that 
 purpose, and to inquire with their aid as to the insanity of such 
 person ; and, if it be duly certified by such justices and such 
 medical practitioners as aforesaid that such person is insane, the 
 Secretary of State may, upon receipt of such certificate, if he shall 
 think fit, direct the removal of such person to a lunatic asylum : 
 and in the case of a prisoner under sentence of death, if there is 
 good reason to believe that he is insane, and such shall be made to 
 appear to the Secretary of State either by means of a certificate in 
 writing to that efiect in the form given in Schedule A, transmitted 
 to him by two or more of the visiting justices, or by any other 
 means whatsoever, such Secretary of State shall appoint two or 
 more physicians or surgeons duly registered as aforesaid to inquire 
 into the insanity of such prisoner, and, upon receipt of a certificate 
 in writing to that efiect, signed by such persons, the Secretary of 
 State may order the removal of the prisoner to a lunatic asylum, 
 there to be detained until it be duly certified to the Secretary of 
 State by two physicians or surgeons, or one physician and one 
 surgeon duly registered as aforesaid, that such person is sane, in 
 which case he shall be removed back to prison to undergo his sen- 
 tence of death. 
 
 SCHEBULE (A) EEFEEEED TO. 
 
 We being visiting 
 
 justices of hereby certify under 
 
 our hands that we believe a prisoner iu the said prison under sen- 
 tence of death to be now insane.
 
 142 POOE-LAW LEGISLATION. 
 
 By 27 & 28 Vict,, c. 119, s. 75, entitled, an Act to make provi- 
 sions for the discipline of the Navy (29 July, 1864), if any person 
 imprisoned by virtue of that Act shall become insane, and a 
 certificate to that effect shall be given by two physicians or 
 surgeons, the Admiralty shall direct the removal of such person 
 to a lunatic asylum ; and, if such person in the same manner 
 be certified to be again of sound mind, the Admiralty may order 
 him to be removed back to prison to undergo the remainder of his 
 sentence, if unexpired.
 
 143 
 
 CHAPTEE XV. 
 
 CHEMISTS, DEFGGISTS, AND DENTISTS. 
 
 Section I. 
 
 CHEMISTS AND DEUGGTST8. 
 
 As the Pharmacy Acts (15 & 16 Vict., c. 56 ; 31 & 32 Vict., c. 121 ; 
 and 33 Vict., c. 117,) liave given a Parliamentary recognition to 
 chemists and druggists, by requiring their registration as such, it is 
 necessary here to refer to them. The first of these Acts (1852) 
 enacts, in section 6, that " all such persons as shall at the time of 
 the passing of this Act be members, associates, apprentices, or 
 students of the Pharmaceutical Society of Great Britain (incorpo- 
 rated by charter, 18th Feb., 1813), according to the terms of the 
 said charter, shall be registered as pharmaceutical chemists, assistants 
 and apprentices, or students, respectively." And by section 8 the 
 examiners appointed under the said charter are empowered to 
 " examine all persons who shall present themselves for examination, 
 in their knowledge of the Latin language, in botany, and in materia 
 medica, and in pharmaceutical and general chemistry, and such 
 other subjects as may from time to time be determined by any 
 bye-law: provided that such examination shall not include the 
 theory and practice of medicine, surgery, or midwifery." Such 
 examiners may grant or refuse certificates of competent skill, 
 knowledge, and qualifications to exercise the calling of pharma- 
 ceutical cheaiists, or to be engaged or employed as students, 
 apprentices or assistants respectively. The amended Act of 1868 
 (31 & 32 Vict., c. 121,) enacts that from and after the 31st De- 
 cember, 1868, it shall be unlawful for any person to sell or keep 
 open shop for retailing, dispensing, or compoundiug poisons, or to 
 assume or use the title " cliemist and druggist," or chemist, or 
 druggist, or pharmacist, or dispensing chemist or druggist, iu any 
 part of Great Britain, unless such person shall be a pharmaceutical 
 chemist, or a chemist and druggist, within the meaning of that Act, 
 and be registered under the Act, and conform to such regulatious 
 as to the keeping, dispensing and selling of such poisons as the
 
 ]44 CHEMISTS AND DRUGGISTS. 
 
 Pharmaceutical Society may from time to time prescribe with the 
 consent of the Privy Council. The 3rd section defines chemists 
 and druggists to consist of a,ll persons who at any time before the 
 passing of the Act have carried on in Great Britain the business of 
 a chemist and druggist, in the keeping of open shop for the com- 
 pounding of the prescriptions of duly qualified medical practitioners, 
 also of assistants and associates who before the passing of the Act shall 
 have been duly registered under the existing Pharmacy Act (15 & 16 
 A^ict., c. 56,) and all such as may be duly registered under this Act ;" 
 the qualifications for such latter registration to consist of being 
 twenty-one years of age, and having been for the three years im- 
 mediately preceding the passing of the Act of 1868 employed in the 
 occupation of an assistant to a pharmaceutical chemist, or a chemist 
 and druggist, and having passed a modified examination to the 
 satisfaction of the Pharmaceutical Society established by the Act of 
 1852, confirming their charter dated February 18, 1843. Pharma- 
 ceutical chemists, under the Act of 1852, and existing chemists and 
 druggists, as before defined, shall be entitled to be registered 
 without fee, upon a declaration duly certified as therein mentioned. 
 And any one contravening the provisions of this Act shall for every 
 such offence forfeit the penalty of 51. And by the 16th sec. nothing 
 contained in this Act shall interfere with the business of a legally 
 qualified apothecary. By 32 & 33 Vict., c. 117, nothing contained 
 in the first 15 sections of the Act of 1868 shall affect any person 
 registered as a legally qualified medical practitioner before the 
 passing of the Act of 1869, and the said clauses shall not apply 
 to any person who may hereafter be registered as a legally qualified 
 practitioner, and who in order to obtain his diploma for registration 
 shall have passed an examination in pharmacy. And it is further 
 provided by the original Act (s. 11) that no member of the medical 
 profession, or who is practising under the right of a degree of any 
 University, or under a diploma, or license of a medical or surgical 
 corporate body, is to be registered ; and if any registered pharma- 
 ceutical chemist obtains such diploma, his name is not to be retained 
 on the register. And by the Act (1868) it is further enacted, as 
 in the Medical Act, that every registrar of deaths on receiving 
 notice of the death of any pharmaceutical chemist shall give the 
 requisite information of such death to the proper authorities men- 
 tioned in the Act, that the name of the deceased may be erased 
 from the register. It is almost needless to add, although it is ex- 
 pressly provided, that registration under either of the Pharmacy 
 Acta does not entitle any one so registered to practise medicine or 
 surgery, or any branch of medicine or surgery (31 & 32 Vict., 
 c. 121, s. 18). 
 
 Thus it is seen that henceforth the business of a chemist and
 
 CHEMISTS AND DRUGGISTS. 145 
 
 drug<:;ist is clearly defined. He may make up prescriptions of duly 
 qualified medical practitioners, compound and dispense medicines, 
 but in no case prescribe or practise medicine, surgery, or any branch 
 of medicine or surgery, under penalties. He is in no sense a 
 member of the profession, and it would therefore be inconsistent 
 with the character of the present work to occupy more of its pages 
 with further remarks on this topic, beyond a i'ew observations on 
 the subject of " poisons" and the Pharmacopoeia. The list of poisous 
 is contained in Schedule A of the Act. By the 17th sec. it is 
 enacted that " it shall be unlawful to sell any poison by wholesale 
 or by retail unless the box, bottle, vessel, wrapper, or cover in which 
 such poison is contained be distinctly labelled with the name of the 
 article and the word Poison, and with the name and address of the 
 seller of the poison, and it shall be unlawful to sell any poison of 
 those which are in the first part of Schedule A to this Act, or may 
 hereafter be added thereto, to any person unknown to the seller, 
 unless introduced by some person known to the seller ; and the 
 seller before delivery shall cause to be made an entry in a book in 
 the form set down in Schedule F, the date of the sale, the name 
 and address of the purchaser, the name and quality of the article 
 sold, and the purpose for which it is stated by the purchaser to be 
 required, signed by the purchaser and by the person, if any, who 
 introduced him." Any infringement of this enactment renders the 
 seller " liable, upon summary conviction, to a penalty of 51. for the 
 first offence, and 10/. for the second or any subsequent oifence, and 
 the person on whose behalf any sale is made by an apprentice or 
 servaiit shall be deemed to be the seller.'' The provisions of this 
 section are not to apply to articles to be exported from Great 
 Britain by wholesale dealers, nor to sales by wholesale to retail 
 dealers in the ordiunry course of business, nor shall any of the pro- 
 visions of this Act apply to any medicine supplied by a legally 
 qualified apothecary to his patient, nor to any article when forming 
 part of the ingredients of any medicine dispensed by a person regis- 
 tered under this Act, provided the medicine be duly labelled with 
 the name and address of the seller, and the ingredient thereof 
 entered, with the name of the person to whom it is sold or delivered, 
 in a book kept for that purpose." And by the 3rd section of the 
 amended iVet of 1S68, " nothing contained in section 17 of the 
 former Act shall ap[)ly to any legally qualified medical practitioner, 
 provided any medicine supplied by him be distinctly labelled with 
 the name and address of the seller, and the ingredients be entered, 
 with the name of the person to whom it is sold or delivered, in a 
 book to be kept for that purpose." Unfortunately the Act of 18G8 
 contains an exception in favour of " the making or dealing in patent 
 medicines." This is its one great blot. 
 
 1
 
 J 46 DENTISTS. 
 
 By section 54 of 21 & 22 Vict., c. 90, the " Medical Council shall 
 cause to be published under their direction a book containing a 
 list of medicines and compounds, aud the manner of preparing them, 
 together with the true weights and measures, by which they are to 
 be prepared and mixed, and containing such other matter and things 
 relating thereto as the General Council shall think fit, to be called 
 " British Pharmacopoeia," and the General Council shall cause to 
 be altered, amended, and republished such Pharmacopceia as often as 
 they shall deem necessary." And by 25 & 26 Vict., c. 91, " the 
 General Council of Medical Education and Eegistration of the 
 United Kingdom" is created a body corporate, and the exclusive 
 right of publishing, printing, and selling the Pharmacopoeia is vested 
 in the said Council, and the Treasury is empowered to fix the price 
 of copies from time to time. 
 
 Section II. 
 
 DENTISTS. 
 
 By the 55th section of the Medical Act it is provided that 
 "nothing in the Act contained shall be construed to prejudice or in 
 any way affect the lawful occupation, trade, or business of dentists ;" 
 aud by a previous section (48) her Majesty is empowered by charter 
 to grant to the Royal College of Surgeons of England power to 
 institute and hold examinations for the purpose of testing the fitness 
 of persons to practise as dentists who may be desirous of being so 
 examined, and to grant certificates of such fitness. 
 
 By 32 Hen. VIII., c. 42, s. 3, " drawing of teeth" is excepted 
 from among those " things belonging to surgery" which any one 
 " using barbery or shaving within the city of London, suburbs, or 
 one mile circuit of the said city," was thenceforth prohibited from 
 practising, and hence this art fell into, or rather perhaps remained 
 almost entirely in, the hands of the barbers, and until a recent 
 period was not cultivated by the surgeons as even ancillary to their 
 calling. Now, however, there seems a probability of giving a pro- 
 fessional surgical status to those who make this specialty their 
 almost exclusive study, to the great relief, comfort, and security of 
 those whom fate compels to seek their aid.
 
 147 
 
 CHAPTEE XVI. 
 
 MEDICAL ETHICS. 
 
 Medical Ethics, by which may be understood the conventional 
 rules that prevail for regulating the intercourse among medical 
 practitioners, and in which also their patients are indirectly in- 
 terested, do not, strictly speaking, form a subject that can be 
 treated of in these pages, inasmuch as they are no part of the law 
 of the land, but rather relate to the social amenities which, like 
 those of the Bar, form a code of etiquette, upon the due obser- 
 vance of which the profession most properly relies for the cultiva- 
 tion of a high tone of character among its members, alike beneficial 
 to the practitioner and those requiring the aid of his services. But 
 as far as they bear upon the legal responsibility of those whose con- 
 duct should be guided by them, they have already been indirectly 
 suggested under the various heads of the Duties, Eights, and 
 Liabilities of Medical Practitioners, whether as witnesses in courts of 
 justice, as authors, medical referees, or as holding the relation of 
 partners, principals, or assistants, or as undertaking the delicate 
 and responsible duty of drawing up and attesting the wills of their 
 patients, or as confidants of communications made to them by 
 those who so naturally look upon them in the light of their truest 
 friends in the hour of need. Utterly deprecating any attempt to 
 weaken the bonds of the latter sacred relationsliip, it is perhaps 
 better, nevertheless, when legal or clerical assistance can be readily 
 obtained, to leave each profession to do its own particular work — 
 the lawyer to do his part in assisting the patient in the settlement 
 of his worldly affairs, and the clergyman to perform the functions 
 of his sacred oflice. A consultation with the latter as to the most 
 fitting moment when, without distressing or fatiguing the patient, 
 he may minister to him that consolation for which he sometimes 
 appeals even to his earthly physician, and which, by inspiring hope 
 and resignation, may not infrequently operate beneficially in aiding 
 his bodily infirmity, would in many instances be invaluable. "With 
 these few remarks the subject of Medical Ethics must, for the 
 reasons before given, be dismissed ; as to other works, such as 
 
 L2
 
 1 48 MEDICAL ETHICS. 
 
 " Percival's Medical Ethics," and " Langley's Via Medica,"* the 
 practitioner or student must refer for the regulation of his conduct 
 botli in the hospital, and in private practice, in all matters relating 
 to the amenities to be cultivated both morally and socially. At 
 the same time it is as well to observe that the former work, having 
 been originally published so long ago as 1803, although repub- 
 lished in 1849, would in some respects lead any one relying on its 
 legal accuracy into most serious errors. The chapter on " Profes- 
 sional duties in certain cases which require a knowledge of the 
 law," is, in respect to the law of wills, entirely revolutionized, and 
 indeed the whole of that chapter, which forms so large a portion of 
 the Avork, is more or less affected by modern legislation. Mr. 
 Langley's " Via Medica," being of comparatively recent date, of 
 course is free from any such objection, and is replete with many 
 valuable suggestions on the subject of which it mainly treats, viz., 
 the mores medici, which clearly cannot form a matter of discussion 
 in the present treatise. Suffice it to say — 
 
 Ingenuas dedicisse Jldeliter artes, emoUit mores. 
 
 At the same time the following valuable rules of conduct, care- 
 fully revised, by an eminent member of the medical profession, 
 will be read with interest : — 
 
 Of Professional Conduct, whether in Hospital, Private, or 
 General Practice. 
 
 1. The same moral rules of conduct should prevail, whether 
 towards hospital patients or in private and general practice. It is 
 unnecessary to say that every case committed to the charge of a 
 physician or surgeon should be treated with care, attention, and 
 humanity ; every allowance should be made for the whims and ca- 
 prices of the sick, secrecy and delicacy should be strictly observed, 
 and the familiarity and confidential intercourse to which members of 
 the faculty are admitted should ever be used with the most scru- 
 pulous regard to fidelity and honour. 
 
 2. The strictest temperance should at all times be practised, as 
 the exercise of the duties and functions of medical men requires a 
 clear liead, a vigorous mind, and oftentimes a steady hand, and, on 
 emergencies, even the life of a fellow-creature may depend upon the 
 possession by the professional man of all these essentials. 
 
 * See also " On the Duties and Qualifications of a Physician," by John Gregory, 
 M.D., &c. Loudon : 1820. 
 
 "The Mor.il Aspects of Medical Life, &c.," by James Mackness, M.D., &c. 
 London: 1846. 
 
 " A Manual of Clinical ]\Iedicine and Physical Diagnosis." by T. H. Tanner, 
 M.D. The Second Ildition, revised by Dr. Tilbury Fox. London: 1869.
 
 MEDICAL ETHICS. 149 
 
 3. The medical practitioner sliould, wherever the case justifies it, 
 encourage the patient with hopes of recovery ; but, on the other 
 hand, witliout indulging in gloomy prognostications, he should not 
 fail on suitable occasions to warn the friends of the patient, or even 
 the patient himself, of any real or imminent danger when it has 
 actually arisen. 
 
 4. Olllc'ious intercourse in a case under the charge of another 
 should be carefully avoided ; no meddling inquiries should be made 
 concerning the patient ; no officious hints given relative to the 
 nature or treatment of the disorder, nor any innuendoes indulged in 
 that may tend either directly or indirectly to diminish the trust 
 reposed in the medical attendant in charge of the case. 
 
 5. When a medical practitioner is called to a patient who has 
 been under the care of another medical gentleman, a consultation 
 with the latter should be proposed, even though he may have dis- 
 continued his visits. His treatment of the case liad better not be 
 criticised ; but if it be noticed, it ought to be regarded with 
 candour, and even justified, so far as probity and truth will permit ; 
 and, a good understanding thus established between a former and a 
 subsequent practitioner, may serve to suggest further means of 
 relief without at all impeacliing the professional skill or knowledge 
 exhibited in the primary treatment of the case, though such treat- 
 ment may have been unsuccessful. 
 
 6. In large and wealthy communities, the distinction between 
 physic and surgery should, as far as' possible, be steadily maintained, 
 for the division of skill and labour is no less advantageous in the 
 liberal sciences than in the mechanical arts ; but, in small com- 
 munities or rural districts, such an attempt at distinction in the 
 present day would virtually leave patients without the necessar)' 
 combined assistance so much required, and perhaps lead them to fly 
 for succour to any audacious empiric who would not be so scrupulous 
 on the subject of " division of labour." As medical men can now, 
 if they possess varied qualifications, be registered in all of them, 
 cases of breacli of this rule of etiquette are not in future likely to 
 arise. 
 
 7. Consultations should be promoted in difficult or protracted 
 cases, as they give rise to confidence and an interchange of ideas to 
 the advantage of the sick person ; and every respect should be 
 shown towards the medical man first engaged, and too much stress 
 should not be laid upon tlie strict precedency of seniority or rank. 
 
 8. A medical practitioner may sometimes be hastily summoned, 
 through the anxiety or sudden alarm of the patient or his family, 
 to visit a patient already under the care of another, to whom notice 
 of this call has not been given. In such a case, no change in the 
 treatment of the patient should be made until a consultation has
 
 150 MEDICAL ETHICS. 
 
 taken place, unless the lateness of the hour precludes such a 
 meeting, or the symptoms of the case are too pressing to admit of 
 delay. 
 
 9. Theoretical discussions at consultation should be avoided, as 
 occasioning much perplexity and seldom leading to any practical 
 result. 
 
 10. Punctuality, as far as possible, should be observed in meeting 
 in consultation ; visits to the sick, either singly or in consultation, 
 should not be unreasonably repeated, because, when too frequent, 
 they tend to diminish medical authority or influence, and might be 
 objectionable to the patient himself. 
 
 11. When one medical man officiates for another who is sick or 
 absent during any considerable length of time, he should receive a 
 portion op the whole of the fees accruing during such interval, 
 according to previous arrangement ; but if this neighbourly act be 
 of short duration, it had better be gratuitously performed, and the 
 utmost delicacy should be exhibited towards the interests of the 
 absent brother practitioner. 
 
 12. The legal claim to fees and their amount are subjects which 
 have been dealt with in a previous part of this work ; but in the 
 consideration of fees it should be ever borne in mind that the 
 characteristic benevolence of the profession is inconsistent with 
 sordid views or avaricious greed ; and although " the labourer is 
 worthy of his reward," and duty to himself and his family demands a 
 consideration of his material interests, yet knowledge, benevolence, 
 and their practical application to the benefit of his fellow creatures, 
 are of the highest importance, and in the cultivation of them he 
 will not lose his reward ; for his character will always in such case 
 be his recommendation, even to those who do not desire to derive 
 any undue advantage from his liberality, and who may be willing 
 as well as able to repay his services in a substantial form. 
 
 13. All members of the profession, together with their wives and 
 children, should be attended gratuitously by any other members of 
 the Faculty, provided at least they reside within a reasonable dis- 
 tance. Great care should be taken not to obtrude visits officiously, 
 as such over-civility, however well intended, may cause embarrass- 
 ment, or interfere with the exercise of a free choice, on which so 
 much of confidence depends. 
 
 14. Clergymen, or at least the unbeneficed clergy, are sometimes 
 visited gratuitously. As a rule, however, even curates with large 
 families will make an effort to maintain their self-respect and in- 
 dependence by offering some remuneration. 
 
 15. Should a medical man have to certify to the illness of any 
 official, who through such temporary incapacity claims exemption 
 from the duties of his situation, whether in the army, navy, or civil
 
 MEDICAL ETHICS. 151 
 
 service, or as taking part in the administration of justice as a jury- 
 man, truth and probity should be the paramount consideration. 
 Such certificates are assurances to the public, and should never be 
 given without a strict and faithful scrutiny, and even private friend- 
 ship should not be permitted to sway the judgment in suc-h cases. 
 
 16. A medical man should cautiously guard against whatever may 
 injure the general respectability of the profession, and be careful to 
 avoid any affectation of scepticism, even iu a vein of jocularity, con- 
 cerning the efficacy and utility of the healing art. 
 
 17. Should a diversity of opinion or controversy arise as to the 
 professional conduct of any one of the Facvdty, the point in dispute 
 should be referred to the arbitration of two other medical men, one 
 of wdiom to be selected by the party complained of; and in case of 
 their differing, the decision to be referred to an umpire, previously 
 named by the two arbitrators. The adjudication should not be 
 made public, but submissively acquiesced in and accepted con amove. 
 
 18. When a case has terminated fatally, it may be useful and 
 instructive to indulge in a retrospect of the treatment adopted. 
 Regrets may possibly follow ; but if the object is really honestly to 
 review a course of treatment with a view to avoiding errors, even 
 though only of judgment and not of science, for the future, the 
 consciousness of good intentions will sufficiently justify the past, 
 and the desire thus evinced to subserve a more matured experience 
 for the future will be a sufficient atonement for those errors which 
 the imperfection of human skill, and a subsequent knowledge of 
 events, must constantly, though perhaps tardily, disclose. 
 
 19. One grown old iu the useful and honourable exercise of the 
 healing art may yet continue to enjoy, and justly to enjoy, the un- 
 abated confidence of the public ; the quickness of the eye, the delicacy 
 of the touch, and the steadiness of hand, which are so essential to 
 the skilful performance of operations, may no longer be his, but he 
 may still retain an unclouded judgment, and must have the advantage 
 of great experience. If he can happily, under such circumstances, 
 perceive wherein his deficiencies consist, and retire to the exercise 
 of the revered and valuable duties of an adviser and a counsellor, 
 rather than attempt the continuance of those more practical and 
 physical functions involved in general practice, and requiring energy, 
 activity, and nerve, he may yet apply his knowledge and experience 
 to the benefit of mankind, and himself enjoy to the last the un- 
 speakable satisfaction of a " mens conscia recti." 
 
 One remark may be made on the difference between the position 
 of the medical man in private and in public practice (whether as 
 medical officer of a hospital, a prison, or workhouse, or of a Poor- 
 Law district, or even as a surgeon or assistant surgeon iu the army
 
 152 MEDICAL ETHICS. 
 
 or navy). The difference consists in this, that in the case of the 
 public medical oflBcer no choice is allowed to the patients who come 
 under his care, and yet personal confidence is not less important to 
 the comfort and relief of the sick poor, or even criminal class, than 
 of the rich, when by sickness distinctions are thus levelled. More 
 than ordinary pains should therefore be taken to inspire with 
 confidence those who sometimes look with suspicion upon eleemo- 
 synary relief of any kind, and to treat scruples with respect, and 
 even prejudices with consideration. 
 
 Conjoint Medical JEccamination Board for eacli of the three 
 Divisions of the United Kingdom. 
 
 One uniform qualification for practice is of course the object here 
 aimed at. Sound practical medical education is the general desi- 
 deratum, and if this can be accomplished by the process of levelling, 
 provided it be in the direction of levelling up and not levelling 
 down, a great object would be effected. The General Medical 
 Council have already invited co-operation. It, however, scarcely 
 seems necessary that the general practitioner should be required to 
 possess the amount of knowledge requisite for the higher medical 
 examinations, especially considering the number of highly-educated 
 medical men now scattered over the country whose assistance in 
 difficult cases can generally be obtained at a comparatively small 
 expense to the patient. Indeed, without underrating the scholastic 
 attainments of the bulk of those intended for general practitioners, 
 it may fairly be doubted whether the levelling up system could for 
 some time to come be fairly responded to. If the examination, on 
 the other hand, were simply of a practical character, and that the 
 license to practise, founded upon it, should be for every member of 
 the Profession one and the same, this might operate as a dis- 
 couragement to academical training, and thus, by granting no pri- 
 vilege to the University graduates, but reducing them to one 
 uniform level with all other practitioners, would tend to the depre- 
 ciation of such distinctions, or at least to their acknowledgment 
 merely as ornamental appendages to be enjoyed by the wealthy 
 and dilettante classes alone, culminating in a dead level of ambition 
 and laudable emulation. 
 
 It becomes a further matter of serious consideration with the 
 Profession whether, whilst an improvement might be effected in 
 general medical education, it is desirable to abolish all distinctions 
 in the relative departments of medical and surgical science. Upon 
 this question the author of this work, not being a medical man, 
 cannot presume to offer an opinion, and apologizes for even ven- 
 toring the above hints.
 
 ]53 
 
 SIJPPLEMENTAET CHAPTER 
 
 TO THE BODT OF THE WOEK. 
 
 DISSERTATION ON THE TITLE OF DOCTOR OF MEDICINE, OR 
 DOCTOR OF PDYSIC. 
 
 According to the draft of an Act of Parliament, 9 Hen. Y. — 
 " K^o one shall use the mysterie of fysyk, unless he hath studied it 
 iu some university, and is at least a bachelor in that science. The 
 sheriff" shall inquire whether any one practises in his county con- 
 trary to this regulation ; and if any one so practise, he shall forfeit 
 40/., and be imprisoned." So great a regard, not merely pre- 
 ference, was shown at this time to those medically educated in 
 some university, but such regard was not confined to those who 
 had pursued the study at Oxford or Cambridge ; the phrase, "some 
 university," being probably used advisedly, in order to embrace 
 foreign universities where the science of physic was cultivated with 
 much success. It appears, however, that this draft Act, or, as it 
 would be called in tlie present day, " Bill," never had the effect 
 of an Act of Parliament — why, docs not appear, but possibly par- 
 liament declined so to limit the practitioners in physic, notwith- 
 standing the wish of the king. 
 
 In re Dr. Bonham, 8 Co. ]07-ll-i, Mic. Ter. 6 Jac. I., which 
 was an action for false imprisonment of the plaintiff by the Presi- 
 dent and censors of the College of Physicians and their servants, 
 the question was raised whether the College had any authority 
 over doctors of the University, the plaiutift" being a doctor of 
 physic of Cambridge, practising in London, but without the 
 license or authority of the College. The following . remarks of 
 Lord Chief Justice Coke show the impression existing shortly 
 after the incorporation of the College, of the status of its doctors, 
 this being the first judgment concerning fine and imprisonment 
 given since tiie granting of the Charter and the passing of the Acts 
 of Parliament eoncerning it. 
 
 The Chief Justice, because much was said in commendation of the 
 doctors of physic of the College in London, and somewhat, as he con-
 
 154 SUPPLEMENTARY CHAPTER. 
 
 ceived, in derogation of the dignity of the doctors of the Universities, 
 attributed first much to the doctors of the said College in London, 
 and confessed that nothing was spoken in their recommendation 
 which was not due to their merits ; but yet that no comparison was 
 to be made between that private College and either of the Univer- 
 sities of Cambridge and Oxford : no more than between father and 
 his children, or than between the fountain and the small rivers that 
 descend from it. The University is alma mater, from whose breasts 
 those of that private college have sucked all their science and know- 
 lege, which I acknowledge to be great and profound ; but the law 
 saith, " erubescit lex filios castigare parentes :" the university is 
 the fountain, " et melius est petere fontes quam sectari rivulos." 
 Briefly, " Academise Cantabrigiae et Oxoniae sunt Athense uostrse 
 nobilissimae, regni soles, occuli et animae regni, unde religio, huuia- 
 nitas, et doctrina in omnes regni partes uberrime diffunduntur ;" 
 but it is true, " nunquam sufficiet copia lanctatoris, quia nunquam 
 deficiet materia laudis," and therefore those universities exceed and 
 excel all private colleges, " quantum inter viburna cupressus." 
 According to the Act 14 Hen. VIII., five manner of persons were 
 to be promoted to the office of physician, viz., those who w^ere, 
 J., profound ; II., sad ; III., discreet ; IV., groundedly learned ; 
 v., profoundly studied. And it was well ordained that the professors 
 of physic should be profound, sad, discreet, &c., and not youths 
 who have no gravity and experience ; for as one saith, " in juvene 
 theologo conscientiae detrimentum, in juvene legista bursas detri- 
 mentum, in juvene medico caemeterii incrementum." And it ought 
 to be presumed every doctor of any of the universities to be within 
 the statutes : sc, to be profound, sad, discreet, groundedly learned, 
 and profoundly studied ; for none can there be master of arts, wlio 
 is a doctor ofphilosopJiy, under the study of seven years, and cannot 
 be doctor in physic under seven years more in the study of physic ; 
 and that is the reason that the plaintiif is named in the declaration 
 doctor of philosophy and doctor of physic ; " quia oportet medicum 
 esse philosophum, ubi enim philosophus desiuit medicus incipit." 
 It will be observed in this judgment that Lord Coke speaks of the 
 " doctors of physic of the college in London," and proceeds to contrast 
 their status with that of the " doctors of the universities." The 
 plaintiff was described in the declaration as a doctor in philosophy 
 and physic, but yet there is no such academical degree as doctor in 
 philosophy, conferred by diploma or otherwise by either University 
 of Oxford or Cambridge, but that designation is included, as Lord 
 Coke puts it, in the degree of Master of Arts. And so " oportet 
 medicum esse philosophum, ubi enim philosophus desinit medicus 
 incipit." In other words every duly recognised " Medicus," like 
 every " Magister Artium," is a doctor of philosophy, and " ubi
 
 SUPPLEMENTARY CHAPTER. 155 
 
 philosophus desinit medicus incipit." He is, if one of the College 
 of Physicians, also a doctor of physic in all its branches, including 
 surgery, though not a Doctor of Medicine par excellence, which 
 special designation pertains alone to doctors of the Universities 
 whose practice is limited to pure medicine, " Medicua" is a more 
 ancient designation than that of either doctor or bachelor of medi- 
 cine. We find from the Exon Domesday, which furnished a portion 
 of the materials from which the great Domesday, or General Survey 
 of "William the Conqueror, was compiled, that Nigel, the physician, 
 is there described as " Medicus," and not Doctor or Bachelor of 
 Medicine. "Medicus" and "Doctor" are both used in the Act of 
 Henry VIII., incorporating the College of Physicians. The term 
 " Medicus" is there applied individually to all the medical members 
 of the corporation who are mentioned by name, and the body itself is 
 declared to be " collegium perpetuum doctorum et gravium virorum, 
 qui medicinam in urbe nostra Londino et suburbiis, intraque septem 
 millia passuum ab ea urbe quaqueversus publice exerceant." The 
 three first-named members are designated, as it were emphatically, 
 " gravium virorum doctorum," and also as " medicorum nos- 
 trorum/' or the king's physicians, and the others as simply " medi- 
 corum," but " medicus" has at the same time always been considered 
 as implying the style and title of " doctor of physic," and hence it 
 is that the College, by an express bye-law, forbids those of its 
 licentiates who are permitted to practise pharmacy among their 
 own patients to assume the title of Doctor of Medicine, or use 
 any other name, title, designation, or distinction implying that 
 they are graduates in medicine of an University, unless they be 
 graduates in medicine of an University. It would therefore seem 
 that, but for this bye-law so prohibiting them, such licentiates, 
 though neither fellows nor members of the College, might assume 
 the title at least of Doctor, which might lead to the above impli- 
 cation, without incurring any penalty, and indeed as of right ; and 
 a fortiori, therefore, may the members and fellows, who are of a 
 higher grade in the College, do so. If this were otherwise, even 
 though such might not be liable to be summarily convicted under 
 the 40th section of the Medical Act, for " wilfully and falsely pre- 
 tending to, and taking or using the name or title of a Doctor of 
 Medicine," the above bye-law would surely be wholly unnecessary, 
 or at least supererogatory.
 
 156 
 
 APPENDIX. 
 
 Cases decided in tlie County Courts upon tlie claim of tlie Medical 
 liefer ee of tlie Assured to the payment of a fee hy the Company. 
 
 Colchester Cofntt Court (October, 1850). 
 
 Philbkick v. Whetham. 
 
 Defendant was sued as one of the directors of the National 
 Provident Institution for the fee of one guinea for furnishing 
 particulars as to the health of a party proposing to assure his life 
 in that office. The circular requesting the favour of answers to 
 questions contaiued in that document was from the Secretary. 
 The phiintifF admitted that he had furnished certificates to the 
 office on previous occasions without charge ; life assuiances not 
 being then so prevalent as to make the practice a burden to the 
 profession, but since these applications had become so frequent he 
 had refused to supply the information without payment ; but it 
 appeared in the two instances, mentioned by him, in which he had 
 received payment from the Company's agent in Colchester, he was 
 aware that the money came from the parties effecting the insurance, 
 and not from the office. Por the defence, but in answer to the 
 Judge, the agent of the office said that the plaintiff repeatedly told 
 him he would not furnish any more certificates without a fee ; but 
 he had never said that in case of applications to him he should 
 hold the Company liable : that he believed this was the first cir- 
 cular sent to the plaintift' direct from the secretary, those which 
 had been furnished gratuitously having ail come from himself as 
 agent. Upon this it was submitted, on behalf of the plaintift', that 
 the last answer was a very material one to the plaintiff's case, as 
 showing a new mode of application to him, after he had declined 
 to furnish more certificates without payment. It was also urged 
 that upon the face of the secretary's letter itself the agreement was 
 between the office and himself; for the letter could not be con- 
 strued otherwise than as a request from the office to perform cer- 
 tain services on their account. His Honour said, if the letter had
 
 APPENDIX. 157 
 
 stood alone, anrl thia had been the first transaction of the kind 
 between the plaintiff and the office, he thought they would have 
 beeu liable and must have paid him; but now, as it appeared to 
 him, the whole depended upon what had previously takeu place. 
 Of course the plaintiff was not bouud to continue {"urnishiug cer- 
 tificates gratuitously, but he was of opiuion that he could not 
 claim payment without previous notice. 
 Judgment for the defendaut. 
 
 HoopEE V. TnE Graham Life Assurance Society. 
 In the Suoreditch County Court. 
 
 Before Mr. Serjeant Storks (Judge), June 7th, 18-51 
 
 The claim was of a like nature to the last. 
 
 The letter from the secretary of the society commenced thus: — 
 
 "PROPOSERS MEDICAL REFEREE. 
 " To Mr. Hooper, Queen's Road, Dalston. 
 
 " Sir, — Mr. Jacob J. Davies, who has been proposed to this 
 office for an assurance on his life, has given a reference to you for 
 private and confidential answers to the following queries." 
 
 Then follow the queries, and there is a note at the foot, thus : — 
 " The directors would be obliged by your answering each of the 
 questions separately." 
 
 Answers were accordingly returned to the society, for which the 
 plaintiff some time afterwards claiuied the fee of one guinea. This 
 the society refused to pay. 
 
 At the conclusion of the trial, his Honour said: — "The question 
 in this case is whether there was an implied assumpsit. The argu- 
 ment that the medical referee is the selection of the assured is 
 certainly a strong one : for, although the questions are put down 
 by the society, the name of the referee is given by the assured. I 
 don't think there is any evidence of an implied assumpsit beyond 
 the sending of the letter. That is my present impression, but it is 
 a question of too general importance to be decided oft-hand. I 
 shall take time, therefore, to consider my judgment." 
 
 The following judgment was afterwards delivered by the Court. — 
 " The question turns upon whether there was a contract expressed 
 or implied — what the law calls assuiiipait. It is perfectly clear in 
 this case there was no contract expressed — that there was nothing 
 approaching a precise and specific contract. Then the question as 
 to whether there was an implied assumpsit arises. Assurance offices
 
 158 APPENDIX. 
 
 have made certain rules and regulations upon which they hold out 
 to the public that they are willing to enter into a contract. There- 
 fore, the contract is from the beginning as between the assured and 
 the assurer. The contract is that the parties shall give certain 
 securities to them, and they assure his life upon certain conditions ; 
 and one of the conditions is that answers by a medical practitioner 
 shall be forwarded to the society in reply to certain inquiries (as 
 set forth in their printed letter) as to the state of health of the 
 proposed assurer. Tliey know not the medical practitioner to whom 
 they are referred, and have never had any communication with him, 
 but they take it for granted that he must know something of the 
 assured. Now, let us advert to the letter sent by the secretary of 
 the society at the request of the assured. A proposal is made 
 which the medical referee knows nothing of, and they agree to 
 assure the party's life on condition that the inquiries are satisfac- 
 torily answered, and from the letter adverted to it is clear that the 
 society had no communication whatever with the referee before the 
 proposal is made. It would be very true, if there was nothing in 
 the letter sent by the secretary to Mr. Hooper which showed that 
 it was the act of the party who had proposed to the office for an 
 insurance on his life, and that the opinion of a medical gentleman 
 as to his state of health was one of the conditions upon which the 
 society agrees to assure a party's life, that the medical referee 
 might say, ' You have no right to draw upon my skill and services.' 
 And if it was put upon that principle abstractedly, it might be a 
 question whether the medical practitioner would not be entitled 
 to remuneration. But the contract here is between the assurer and 
 the assured. The society say, ' The medical man is not of our 
 choosing, nor are we dependent upon his skill.' In my opinion, it 
 is one of the conditions made with the assured, that a medical 
 man shall answer the questions proposed by the society. This is 
 the basis of the contract, and the meaning of it is ' not that we 
 shall trouble ourselves to select a referee,' we leave it to your 
 honour to choose some one who shall supply us with the information 
 we require. I can see no contract in this between the company 
 and the third party — the medical man. The plaintiff might have 
 said, I shall not send answers unless I am paid. Upon the whole, 
 I am decidedly of opinion that the plaintiff in this case is not 
 entitled to recover." 
 
 Duplex and another, v. The Economic Life Office. 
 
 In the Sheriff's Couet, London (August 24, 1852). 
 Before Mr. Eussell Gurnet, Q.C. 
 The same question was involved in this action as in the two previous
 
 APPENDIX. 159 
 
 cases. The only difference between this and the last case was, that 
 in the present case the plaintiff in returning the answers to the 
 questions asked by the defendants also inclosed a note stating that 
 his fee was a guinea, which he requested should be forwarded to 
 him. 
 
 His Honour thought that no case had been made out against the 
 defendants. The plaintili's need not liave answered the questions 
 without the fee, and the letter enclosing the questions stated that 
 they were referred by the lady proposing her life for assurance ; he 
 felt bound to refuse the claim of the plaintiffs. 
 
 Verdict for defendants. 
 
 Opinions of the Judges on questions propounded by the House of 
 
 Lords. 
 
 The following questions of law were propounded by the House of 
 Lords to the Judges, in relation to alleged crimes committed by 
 persons afflicted with insane delusions, and, together with the 
 answers, were ordered by the House to be printed, on the 19th of 
 June, 1843 : — 
 
 "1. What is the law respecting alleged crimes committed by 
 persons afflicted with insane delusion in respect of one or more 
 particular subjects or persons ; as, for instance, where, at the time 
 of the commission of the alleged crime, the accused knew he was 
 acting contrary to law, but did the act complained of with a view, 
 under the influence of insane delusion, of redressiuiz or rt-veno-iu" 
 some supposed grievance or injury, or of producing some supposed 
 public benefit ? 
 
 " 2. What are the proper questions to be submitted to tlie jury 
 when a person alleged to be afflicted with insane delusion respecting 
 one or more particular subjects or persons is charged with tlie 
 commission of a crime (murder, for example), and insanity is set 
 up as a defence ? 
 
 " 3. In what terms ought the question to be left to the jury as to 
 the prisoner's state of mind at the time when the act was com- 
 mitted ? 
 
 "4. If a person under an insane delusion as to existing facts 
 commits an offence in consequence thereof, is he hereby excused ? 
 
 " 5. Can a medical man conversant with the disease of iusanitv, 
 who never saw the prisoner previous to the trial, but who was 
 present during the whole trial, and the examination of all the wit- 
 nesses, be asked his opinion as to the state of the prisoner's mind 
 at the time of the commission of the alleged crime ; or his opinion 
 whether the prisoner was conscious at the time of doing tlae act
 
 160 APPENDIX, 
 
 that he was acting contrary to law, or wlietlier he was labouring 
 under any and what delusion at the time ?" 
 
 Mr. Justice Maule. — I feel great difficulty in answering the 
 questions put by your lordships on this occasion : first, because 
 they do not appear to arise out of, and are not put with reference 
 to a particular case, or for a particular purpose, which might ex- 
 plain or limit the generality of their terms, so that full answers to 
 them ought to be applicable to every possible state of facts, not 
 inconsistent with those assumed in the questions ; and this diffi- 
 culty is the greater from the practical experience both of the Bar 
 and the Court being confined to questions arising out of the facts 
 of particular cases : secondly, because I have heard no argument at 
 vour lordships' Bar, or elsewhere, on the subject of these questions, 
 the want of which I feel the more, the greater is the number and 
 extent of questions which might be raised in argument : and, 
 thirdly, from a fear, of which I cannot divest myself, that, as these 
 questions relate to matters of criminal law of great importance and 
 frequent occurrence, the answers to them by the judges may em- 
 barrass the administration of justice when they are cited in criminal 
 trials. Tor these reasons, I should have been glad if my learned 
 brethren would have joined me in praying your lordships to excuse 
 us from answering these questions : but, as I do not think they 
 ought to induce me to ask that indulgence for myself individually, 
 I shall proceed to give such answers as I can, after the very short 
 time which I have had to consider the questions, and under the 
 difficulties I have mentioned, fearing that my answers may be as 
 little satisfactory to others as they are to myself. 
 
 The first question, as I understand it, is, in effect, What is the 
 law respecting alleged crime, when at the time of the commission 
 of it the accused knew he was acting contrary to the law, but did 
 the act with a view, under the influence of some delusion, of 
 redressing or revenging some supposed grievance or injury, or of 
 producing some supposed public benefit ? If I were to under- 
 stand this question according to the strict meaning of its terms, it 
 would require, in order to answer it, a solution of all questions of 
 law which could arise on the circumstances stated in the question, 
 either by explicitly stating and answering such questions, or by stating 
 some principles or rules which would suffice for the solution. I 
 am quite unable to do so, and, indeed, doubt whether it be possible 
 to be done ; and therefore request to be permitted to answer the 
 question only so far as it comprehends the question whether a 
 person, circumstanced as stated in the question, is for that reason 
 only to be found not guilty of a crime respecting which the question 
 of his guilt has been duly raised in a criminal proceeding ; and I 
 am of opinion that he is not. There is no law that I am aware of
 
 APPENDIX. 161 
 
 that makes persons in the state described in the question not re- 
 sponsible for their criminal acts. To render a person irrespon- 
 sible for crime on account of unsoundness of mind, the unsoundness 
 should, according to the law as it has long been understood and 
 hold, be such as to render him incapable of knowing right from 
 wrong. The terms used in the question cannot be said (with 
 reference only to the usage of language) to be equivalent to a de- 
 scription of this kind and degree of unsoundness of mind. If the 
 state described in the question be one which involves or is neces- 
 sarily connected with such an unsoundness, this is not a matter of 
 law, but of physiology, and not of that obvious and familiar kind 
 as to be inferred without proof. 
 
 Secondly: The questions necessarily to be submitted to the jury 
 are those questions of fact which are raised out of the record. In 
 a criminal trial the question commonly is, whether the accused be 
 guilty or not guilty ; but, in order to assist the jury in coming to 
 a right conclusion on this necessary and ultimate question, it is 
 usual and proper to submit such subordinate or intermediate 
 questions as the course which the trial has taken may have made it 
 convenient to direct their attention to. What those questions are, 
 and the manner of submitting them, is a matter of discretion for 
 the Judge, a discretion to be guided by a consideration of all the 
 circumstances attending the inquiry. In performing this duty it is 
 sometimes necessary, or convenient, to inform the jury as to the 
 law ; and if, on a trial such as is suggested in the question, he 
 should have occasion to state what kind and degree of insanity 
 would amount to a defence, it should be stated conformably to what 
 I have mentioned in my answer to the first question, as being, in 
 my opinion, the law on this subject. 
 
 Thirdly : There are no terms which the Judge is by law required 
 to use. They should not be inconsistent with the law as above 
 stated, but should be such as, in the discretion of the Judges, are 
 proper to assist the jury in coming to a right conclusion as to the 
 guilt of the accused. 
 
 Fourthly : The answer which I have given to the first question 
 is applicable to this. 
 
 Fifthly : Whether a question can be asked depends, not merely 
 on the questions of fact raised on the record, but on the course of 
 the cause at the time it is proposed to ask it, and the state of an 
 inquiry as to the guilt of a person charged with a crime, and de- 
 fended on the ground of insanity, may be such that such a question 
 as either of tliose suggested is proper to be asked and answered, 
 though the witness has never seen the person before the trial, and 
 tliough he has been present and heard the witnesses ; these cireum- 
 Btances, of his never having seen the person before, and of his having 
 
 M
 
 162 APPENDIX, 
 
 been present at the trial, not being necessarily sufEcient, as it 
 seems to me, to exclude the lawfulness of a question which is other- 
 wise lawful, though I will not say that an inquiry might not be in 
 such a state as that these circumstances should have such an eiFect. 
 Supposing there is nothing else in the state of the trial to make 
 the questions suggested proper to be asked and answered, except 
 that the witness has been present and heard the evidence, it is to be 
 considered whether that is enough to svistain the question. In 
 principle it is open to this objection, that, as the opinion of the 
 witness is founded on those conclusions of fact which he forms from 
 the evidence : and, as it does not appear what those conclusions are, 
 it may be that the evidence he gives is on such an assumption of 
 facts as makes it irrelevant to the inquiry. But such questions 
 have been very frequently asked, and the evidence to which they 
 have been directed has been given, and has never, that I am aware 
 of, been successfully objected to. Evidence most clearly open to 
 this objection, and on the admission of which the event of a most 
 important trial probably turned, was raised in the case of The 
 Queen v. McNaughten, tried at the Central Criminal Court in March 
 last, before the Lord Chief Justice, Mr. Justice Williams, and Mr. 
 Justice Coleridge, in which counsel of the highest eminence were 
 engaged on both sides ; and I think the course and practice of 
 receiving such evidence, confirmed by the very high authority of 
 those Judges, who not only received it, but left it, as I understand, 
 to the jury without any remark derogating from its weight, ought 
 to be held to warrant its reception, notwithstanding the objection 
 in principle to which it may be open. In cases even where the 
 course of practice in criminal law has been unftivourable to parties 
 accused, and entirely contrary to the most obvious principles of 
 justice and humanity, as well as those of law, it has been held that 
 such practice constituted the law, and could not be altered without 
 the authority of Parliament. 
 
 Chief Justice Tindal. — My Lords, her Majesty's judges, with 
 the exception of Mr. Justice Maule, who has stated his opinion to 
 your Lordships' House, think it right, in the first place, to state 
 that they have forborne entering into any particular discussion 
 upon these questions, from the extreme and almost insuperable 
 difiiculty of applying those answers to cases in which the facts are 
 not brought judicially before them. The facts of each particular 
 case must of necessity present themselves with endless variety, 
 and with every shade of difference in each case ; and, as it is their 
 duty to declare tlie law upon each particular case, on facts proved 
 before them, and after hearing arguments of counsel thereon, they 
 deem it at once impracticable, and at the same time dangerous to 
 the administration of justice, if it were practicable, to attempt to
 
 APPENDIX. 163 
 
 make minute applications of the principles involved in the answers 
 given by them to your Lordships' questions. 
 
 They have, therefore, confined tlieir answers to the statement of 
 that which they hold to be the law upon the abstract questions 
 proposed by your Lordships : and as they deem it unnecessary, in 
 this particular case, to deliver their opinions seriatim, and as all 
 concur in the same opinion, they desire me to express such their 
 unanimous opinion to your Lordships. The first question pro- 
 posed by your Lordships is this : — " What is the law respecting 
 alleged crimes committed by persons afflicted with insane delusion 
 in respect of one or more particular subjects or persons ; as for 
 instance, where at the time of the commission of the alleged crime, 
 the accused knew he was acting contrary to law, but did the act 
 complained of with a view, under the influence of insane delusion, 
 of redressing or revenging some supposed grievance or injury, or 
 of producing some supposed public benefit ?" 
 
 In answer to which question, assuming that your Lordships' 
 inquiries are confined to those persons who labour under such partial 
 delusions only, and are not in other respects insane, we are of 
 opinion that, notwithstanding the party accused did the act com- 
 plained of with a view, under the influence of insane delusion, of 
 redressing or revenging some supposed grievance or injury, or 
 of producing some public benefit, he is nevertheless punishable 
 if he knew at the time of committing such crime that he was 
 acting contrary to law — by which expression we understand your 
 Lordships to mean the law of the land. 
 
 Tour Lordships are pleased to inquire of us, secondly, " "What 
 are the proper questions to be submitted to the jury, when a 
 person alleged to be afflicted with insane delusions respecting one 
 or more particular subjects or persons is charged with the com- 
 mission of a crime (murder, for example), and insanity is set up 
 as a defence ?" And, thirdly, " In what terms ought the question 
 to be left to the jury as to the prisoner's state of mind at the 
 time when the act was committed ?" And as these two questions 
 appear to us to be more conveniently answered together, we have 
 to submit our opinion to be, that the jury ought to be told, in all 
 cases, that every man is presumed to be sane, and to possess a suf- 
 ficient degree of reason to be responsible for his crimes, until the 
 contrary be proved to their satisfaction ; and that, to establish a 
 defence on the ground of insanity, it must be clearly proved that, 
 at the time of the committing of the act, the party accused was 
 labouring under such a defect of reason, from disease of the mind, 
 as not to know the nature and quality of the act he was doing, or, if he 
 did know it, that he did not know he was doing what was wrong. The 
 mode of putting the latter part of the question to the jury on these 
 
 m2
 
 164 APPENDIX. 
 
 occasions lias generally been, whether the accused, at the time of 
 doing the act, knew the difference between right and wrong ; which 
 mode, though rarely, if ever, leading to any mistake with the jury, 
 is not, as we conceive, so accurate when put generally and in the 
 abstract, as when put with reference to the party's knowledge of 
 right and wrong in respect to the very act with which he is 
 charged. 
 
 If the question were to be put as to the knowledge of the 
 accused, solely and exclusively with reference to the law of the 
 land, it might tend to confound the jury, by inducing them to believe 
 that an actual knowledge of the law of the land was essential in order 
 to lead to a conviction ; w^hereas, the law is administered upon the 
 principle that every one must be taken conclusively to know it, 
 without proof that he does know it. If the accused was conscious 
 that the act was one which he ought not to do, and if that act was 
 at the same time contrary to the law of the land, he is punishable ; 
 and the usual course, therefore, has been to leave the question to 
 the jury, whether the party accused had a sufficient degree of 
 reason to know that he was doing an act that was wrong ; and this 
 course, we think, is correct, accompanied with such observations and 
 explanations as the circumstances of each particular case may 
 require. 
 
 The fourth question which your Lordships have proposed to us 
 is this: — "If a person under an insane delusion as to existing 
 facts commits an offence, in consequence thereof is he thereby 
 excused ?" To which qviestion the answer must, of course, depend 
 on the nature of the delusion ; but, making the same assumption as 
 we did before, namely, that he labours under such partial delusion 
 only, and is not in other respects insane, we think he must be con- 
 sidered in the same situation as to responsibility as if the facts with 
 respect to which the delusion exists were real. For example, if 
 under the influence of his delusion, he supposes another man to be 
 in the act of attempting to take away his life, and he kills that man, 
 as he supposes, in self-defence, he would be exempt from punishment. 
 If his delusion was that the deceased had inflicted a serious injury to 
 his character and fortune, and he killed him in revenge for such 
 supposed injury, he would be liable to punishment. 
 
 The question lastly proposed by your Lordships is : — " Can a 
 medical man, conversant with the disease of insanity, who never saw 
 the prisoner previous to the trial, but who was present during the 
 whole trial and the examination of all the witnesses, be asked his 
 opinion as to the state of the prisoner's mind at the time of the 
 commission of the alleged crime, or his opinion whether the prisoner 
 was conscious at the time of doing the act that he was acting con- 
 trary to law, or whether he was labouriug under any and what 
 delusion at the time ?"
 
 APPENDIX. 
 
 165 
 
 In answer thereto we state to your Lordships that we think the 
 medical iiiau, under the circumstances supposed, cannot in strict- 
 ness be asked liis opinion in the terms above stated, because each of 
 those questions involved the determination of the truth of the facts 
 deposed to, which it is for the jury to decide ; and the questions are 
 not mere questions upon a matter of science, in which case such 
 evidence is admissible. But, where the facts are admitted or not 
 disputed, and the question becomes substantially one of science 
 only, it may be convenient to allow the question to be put in that 
 general form, though the same cannot be insisted on as a matter of 
 rifirht. 
 
 ACTS OF PARLIAJHENT PRINTED IN EXTENSO. 
 
 Medical witnesses at Coroners Inquests. 
 
 Lunacy. 
 
 6 & 7 William IV., cap. 89 
 1 Victoria, cap. 63 
 
 8 & 9 Victoria, cap. 100 \ 
 16 & 17 Victoria, cap. 96 
 16 & 17 Victoria, cap. 97 
 19 & 20 Victoria, cap. 87 
 18 & 19 Victoria, cap. 105 
 25 & 26 Victoria, cap. 86 
 25 & 26 Victoria, cap. IH 
 
 31 & 32 Victoria,' cap! 121 | ^^^'-'^acy (Pliarmaceutical chemists). 
 
 16 & 17 Victoria, cap. 100 
 30 & 31 Victoria, cap. 84 
 
 29 & 30 Victoria, cap. 35 
 32 & 33 Victoria, cap. 96 
 
 18 & 19 Victoria, cap. 116 
 18 & 19 Victoria, cap. 121 
 23 & 24 Victoria, cap. 77 
 29 & 30 Victoria, cap. 90 
 
 21 & 22 Victoria, cap. 90 
 
 22 Victoria, cap. 21 
 
 23 Victoria, cap. 7 
 
 23 & 24 Victoria, cap. 66 
 31 & 32 Victoria, cap. 29. 
 
 Vaccination. 
 Contagious diseases. 
 
 Health (public 
 Medical Acts.
 
 166 APPENDIX. 
 
 ANNO SEXTO & SEPTIMO GULIELMI IV. REGIS. 
 CAP. LXXXIX. 
 
 An Act to provide for the Attendance and Eemuneration of Medical 
 Witnesses at Coroners Inquests. [17th August 1836.] 
 
 Coroner empowered to summon Medical Witnesses, and to Direct the Performance 
 of a post- mortem Examination. 
 
 WHEREAS it is expedient to provide for the Attendance of Medical Witnesses 
 at Coroners Inquests, also Remuneration for such Attendance, and for the 
 Performance of post-mortem Examinations at such inquests ; be it therefore 
 enacted by the King's most Excellent Majesty, by and with the Advice and Consent 
 of the Lords Spiritual and Temporal, and Commons, in this present Parliament 
 assembled, and by the Authority of the same, That from and after the passing of 
 this Act, whenever upon the summoning or holding of any Coroner's Inquest it 
 shall appear to the Coroner that the deceased Person was attended at his Death or 
 during his last Illness by any legally qualified Medical Practitioner, it shall be 
 lawful for the Coroner to issue his Order, in the Form marked (A.) in the Schedule 
 hereunto annexed, for the Attendance of such Practitioner as a Witness at such 
 Inquest ; and if it shall appear to the Coroner that the deceased Person was not 
 attended at or immediately before his Death by any legally qualified Medical 
 Practitioner, it shall be lawful for the Coroner to issue such Order for the 
 Attendance of any legally qualified Medical Practitioner being at the Time in 
 actual Practice in or near the Place where the Death has happened ; and it shall 
 be lavpful for the Coroner, either in his Order for the Attendance of the Medical 
 Witness, or at any Time between the issuing of such Order and the Termination 
 of the Inquest, to direct the Performance of a post-mortem Examination, with or 
 without an Analysis of the Contents of the Stomach or Intestines, by the Medical 
 Witness or Witnesses who may be summoned to attend at any Inquest ; provided 
 that if any Person shall state upon Oath before the Coroner that in his or her 
 Belief the Death of the deceased Individual was caused partly or entirely by the 
 improper or negligent Treatment of any Medical Practitioner or other Person, such 
 Medical Practitioner or other Person shall not be allowed to perform or assist at 
 the post-mortem Examination of the Deceased. 
 
 A Majority of the Jury may require the Coroner to summon additional Medical 
 Evidence if the first he not satisfactory. 
 
 II. And be it further enacted, That whenever it shall appear to the greater 
 Number of the Jurymen sitting at any Coroner's Inquest, that the Cause of Death 
 has not been satisfactorily explained bj- the Evidence of the Medical Practitioner 
 or other Witness or Witnesses who may be examined in the first instance, such 
 greater Number of the Jurymen are hereby authorized and empowered to name to 
 the Coroner in Writing any other legally qualified Medical Practitioner or Practi- 
 tioners, and to require the Coroner to issue his Order, in the Form herein-before 
 mentioned, for the Attendance of such last-mentioned Medical Practitioner or 
 Practitioners as a Witness or Witnesses, and for the performance of a post-mortem 
 Examination, with or without an Analysis of the Contents of the Stomach or 
 Intestines, whether such an Examination has been performed before or not ; and if 
 the Coroner, having been thereunto required, shall refuse to issue such Order, he 
 shall be deemed guilty of a Misdemeanor, and shall be punishable in like Manner 
 as if the same were a Misdemeanor at Common Law. 
 
 Fees to Medical Witnesses to he paid out of Funds collected for Belief of the Poor. 
 
 III. And be it further enacted, That when any legally qualified Medical 
 Practitioner has attended upon any Coroner's Inquest in obedience to any such 
 Order as aforesaid of the Coroner, the said Practitioner shall for such Attendance
 
 APPENDIX. 167 
 
 at any Inquest in Great Britain be entitled to receive such Remuneration or Fee 
 as is nientioiiod in the Table marked (B.) in the Schedule hereunto annexed ; and 
 for any Inquest held in Ireland, the said Practitioner shall be paid in the Manner 
 provided by the Laws in force in that Part of the United Kingdom; and the 
 Coroner is hereby reijuired and commanded to make, according to the Form 
 marked (C. ) in the Schedule hereunto annexed, his Order for the Payment of such 
 Kemuneration or Fee, when the Inquest shall be held in Great Britain, and such 
 Order may be addressed and directed to the Churchwardens and Overseers of the 
 Parish or Place in which the Death has happened ; and such Churchwardens and 
 Overseers, or any One of them, is and are hereby required and commanded to pay 
 the Sum of Money mentioned in such Order of the Coroner to the Medical Witness 
 therein mentioned, out of the Funds collected for the Relief of the Poor of the said 
 Place. 
 
 No fee for a post-mortem Examination instituted tvithout Order from the Coroner. 
 
 IV. Provided nevertheless, and be it further enacted, That no Order of Pay- 
 ment shall be given, or Fee or Remuneration paid, to any Medical Practitioner 
 for the Performance of any post-mortem Examination which may be instituted 
 without the previous Direction of the Coroner. 
 
 Inquests on Bodies of Persons dying in public Institutions. 
 
 V. Provided also, and be it further enacted. That when any Inquest shall be 
 holden on the Body of any Person who has died in any public Hospital or 
 Infirmary, or in any Building or Place belonging thereto, or used for the Reception 
 of the Patients thereof, or who has died in any County or other Lunatic Asylum, 
 or in any public Infirmary or other public Medical Institution, whether the same 
 be supported by Endowments or by voluntary Subscriptions, then and in such 
 Case nothing herein contained shall be construed to entitle the Medical Officer 
 whose Duly it may have been to attend the deceased Person as a Medical Officer 
 of such Institution as aforesaid to the Fees or Remuneration herein provided. 
 
 Penalty on Medical Practitioner for neglecting to attend. 
 
 VI. And be it further enacted. That where any Order for the Attendance of 
 any Medical Practitioner as aforesaid shad have been personally served upon such 
 Practitioner, or where any such Order not personally served shall have been re- 
 ceived by any Medical Practitioner in sufficient Time for him to have obeyed such 
 Order, or wliere any such Order has been served at the Residence of any Medical 
 Practitioner, and in every Case where any Medical Practitioner has not obeyed 
 such Order, he shall for such Neglect or Disobedience forfeit the Sum of Five 
 Pounds Sterling upon Complaint thereof made by the Coroner or any Two of the 
 Jury before any Two Justices having Jurisdiction in the Parish or Place where 
 the Inquest under which the Order issued was held, or in the Parish where such 
 Medical Practitioner resides ; and such Two Justices are hereby required, upon 
 such Complaint, to proceed to the Hearing and Adjudication of such Complaint, 
 and, if such Medical Practitioner shall not show to the said Justices a good and 
 sufficient Cause for not having obeyed such Order to enforce the said Penalty by 
 Distress and Sale of the Offender's Goods, as they are empowered to proceed by any 
 Act of Parliament for any other Penalty or Forfeiture. 
 
 A ct not to extend to Scotland. 
 
 VII. And be it enacted, That nothing in this Act contained shall extend to 
 Scotland. 
 
 SCHEDULE to which this Act refers. 
 
 (A.) 
 
 Form of Summons, 
 
 Coroner's Inquest at upon the body of By virtue of 
 
 this my Order as Coroner for you are required to appear before
 
 168 APPENDIX. 
 
 me and the Jury at on the Day of One 
 
 thousand eight hundred and , at of the Clock, to 
 
 give Evidence touching the Cause of Death of [a7ul then add, 
 
 when the Witness is required to make or assist at a post-mortem Examination, and 
 make or assist in making a post-mortem Examination of the Body, with [or with- 
 out] an Analysis, as the Case may he\, and report thereon at the said Inquest. 
 
 (Signed) Coroner. 
 
 To Surgeon [or M.D., as the Case may 6e]. 
 
 (B.) 
 Table of Fees. 
 
 1. To every legally qualified Medical Practitioner for attending to give Evidence 
 
 under the Provisions of this Act at any Coroner's Inquest whereat no post- 
 mortem Examination has been made by such Practitioner, the Fee or Re- 
 muneration shall be One Guinea. 
 
 2. For the making of a post-mortem Examination of the Body of the Deceased, 
 
 either with or without an Analysis of the Contents of the Stomach or Intes- 
 tines, and for attending to give Evidence thereon, the Fee or Remuneration 
 shall be Two Guineas. 
 
 (C.) 
 Coroner's Order for the Payment of Medical Witnesses. 
 
 By virtue of an Act of Parliament passed in Session of 
 
 holden in the intituled I, the Coroner 
 
 of and for do order you, the Overseers of the Parish \or Town- 
 
 ship, as the Case may le], to pay to the Sum of [One Guinea, or Two 
 
 Guineas, as the Case may be], being the Fee [or Fees] due to him for having 
 attended as a Medical Witness at an Inquest holden before me this 
 Day of upon the Body of about the Age of 
 
 who was found dead at [or other Particidars or 
 
 Description'], and at which said Inquest the Jury returned a Verdict of 
 
 (Signed) Coroner. 
 
 Witnessed by me of 
 
 To the Overseers, et ccetera. 
 
 ANNO PRIMO VICTORIA REGIN^, 
 CAP. LXVIII. 
 
 An Act to provide for Payment of the Expenses of holding Coroners 
 Inquests. [15th Juli/ 1837.] 
 
 Schedule to be made of Fees payable on holding Inquests. 6 <£; 7 IF. 4. c. 89. 
 
 WHEREAS the holding of Coroners Inquests on dead Bodies is attended with 
 divers necessary Expenses, for the Payment whereof no certain Provision is 
 made by Law, and such Expenses have usually been discharged without any lawful 
 Authority for that Purpose out of the Monies levied for the Relief of the Poor ; and 
 it is expedient to make adequate legal Provision for the Payment of such Expenses: 
 Be it therefore enacted by the Queen's most Excellent Majesty, by and with the 
 Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the Authority of the same. That the justices of 
 the Peace for every County, Riding, Division, or Distnct in England and Wales, 
 in General or Quarter Sessions assembled, shall, at tlie General or Quarter Sessions 
 of the Peace to be holden next after the passing of this Act, or at some subsequent 
 General or Quarter Sessions, and tiie Town Council of every Borough having a 
 Coroner shall at the Quarterly Meeting of such Council which shall be holden next 
 after the passing of this Act, or at some subsequent Quarterly meeting thereof,
 
 APPENDIX. 1 69 
 
 make or cause to be inade a Schedule of the several Fees, Allowances, and Dis- 
 buraenients vvhich, on the holding of any Inquest on any dead Uody within such 
 County, Riding-, Division, District, or Borough, may be lawfully paid and made 
 by the Coroner holding such InqueHt (other than the Fees payalile to Medical Wii- 
 nesses under and by virtue of an Act passed in the last Session of Parliament, 
 intituled An Act to provide for the Attendance and ReTiiuneration of Medical Wit- 
 nesses at Coroners Inquests) ; and it shall be lawful for such Justices in General or 
 Quarter Sessions assembled, and for such Town Council at any such Quarterly 
 Meeting as aforesaiil, from Time to Time to alter and vary such Schedule as to 
 sucli Justices and Town Council respectively may seem fit ; and the saiil Justices 
 and Town Council respectively shall cause a Copy of every such Schedule to be 
 deposited with the Clerk of the Peace of such County, Riding, Division, District, 
 or B rough, and one other Copy thereof to be delivered to every Coroner acting in 
 and for such County, Riding, Division, District, or Borough as aforesaid ; and 
 whenever any Intjuest shall be hoLlen on any dead Body the Coroner holding the 
 same shall immediately after the Termination of the Proceedings advance and pay 
 all Expenses reasonably incurred in and about the holding thereof, not exceeding 
 the sums set forth in the said Schedule, and which Sums so advanced and paid 
 shall be repaid to the said t!oroner in manner herein-after mentioned : Provided 
 always, that until such Schedule as aforesaid shall have been made the Coroner 
 shall advance and pay, at his Discretion, all reasonable Expenses of holding every 
 Inquest within the Limits of his Jurisdiction, aud shall be repaid the amount thereof, 
 in the same Manner as if the Sums so ])aid had been included in a Schedule 
 duly made according to the Provisions of this Act. 
 
 Coroners to pay Medical Witnesses. 
 
 II. And be it enacted, That so much of the said Act passed in the last Ses.-ion 
 of Parliament asdirects the Coroner to make outan Order on the Churchwardens and 
 Overseers of the Parish in which any Death shall have happened for Payment of 
 the Remuneration or Fee payable under the Provisions of that Act to auy Medical 
 Practitionei-, and as directs such Churcliwardcns and Overseers to pay the same 
 out of the Funds collected for the Relief of the Poor of such Parish, shall be and 
 the same is hereby repealed, and in lieu thereof the Coroner shall, immediately 
 after the Termination of the Proceedings at any Inquest, advance and pay such 
 Remuneration or Fee to every Medical Witness summoned under the Provisions of 
 the said Act, and the Amount thereof shall be repaid to the said Coroner in manner 
 herein- after mentioned. 
 
 Coroners of Counties to lay their Accounts hcfwe the Sessions, and C'/roners of 
 Borouyhs to lay them before the Town Council. The Coroner to he repaid out of 
 the County Hates or the Borough Fund. 
 
 III. And be it enacted. That every Coroner acting in and for any County, 
 Riding, Division, or District shall, within Four Months after holding any Inquest, 
 cause a full and true Account of all Sums paid by him under the Provisions of this 
 Act, including all Sums paid to any Medical Witness as aforesaid, to be laid before 
 the Justices of the Peace of such County, Riding, Division, or District in General 
 or Quarter Sessions assembled, or at any Adjournment thereof; and every Coroner 
 of any Borough shall, within Four ISIonths after holding any Inquest, cause a full 
 and true Account of all Sums paid by him uniier the Provisions of this Act, includ- 
 ing as aforesaid, to be laid before the Town Council of such Borough ; and .all such 
 Accounts shall be accompanied by such Vouchers as under the Circumstances may 
 to such Justices or Coujicil respectively seem reasonable ; and such Justices or 
 Council respectively may, if they shall think fit, exatuine the said Coroner on Oath 
 as to such Account, and on being satisfied of the Correctness thereof such Justices 
 or Council respectively shall nuike an Order on the Treasurer of the siiid County, 
 Riding, Division, or District, or of the said Borough (us the Case m.ay be), for 
 P.iuuent to the said Coroner not only of tlie Sum due to him on such Account, but 
 also of a Sum of Six Shillings .and Eight-pence for every Inquest holden by him as 
 aforesaid, over and above all other Fees and Allowances to which he is now by
 
 170 APPENDIX. 
 
 Law entitled ; and the Treasurer of any County, Riding, Division, or District on 
 whom any sucli Order shall be made shall, out of the Monies in his Hands arising 
 from the County Rates, and the Tieasurer of any Borough on whom any such Order 
 shall be made shall, out of the Monies in his Hands on account of the Boroui^h 
 Fund, pay to the said Coroner the Sum mentioned in such Order, without any 
 Abatement or Deduction whatever ; and every such Treasurer shall, on passing his 
 Accounts, be allowed all Sums which he shall pay in pursuance of any such Order 
 as aforesaid. 
 
 A cf applicable to London. 
 
 IV. And be it enacted, That this Act and the several Provisions herein con- 
 tained shall extend and be applicable to the City of London and the Town and 
 Borough of Southward. 
 
 A ct may be altered. 
 
 V. And be it enacted, That this Act may be altered or repealed by any Act in 
 this present Session of Parliament. 
 
 ANNO OCTAVO & NONO VICTORIA REGINiE. 
 
 CAP. C. 
 
 An Act for the Regulation of the Care and Treatment of Lunatics. 
 
 [4th August 1845.] 
 
 The following Acts repealed, except as they repeal other Acts : 2 tfc 3 W. 4. c. 107. 
 3 tfc 4 W. 4. c. 64. 5 <£• 6 W. 4. c. 22. 1 cfc 2 Vict. c. 73. 5 Vict. c. 4. 5 tfc 6 
 Vict. c. 87. Proviso that present Visitors and Clerk shall act under this Act 
 till new ones are appointed; and that Licences heretofore granted shall remain 
 in force, unless, <kc. 
 
 BE it enacted by the Queen's most Excellent Majesty, by and with the Advice 
 and Consent of the Lords Spiritual and Temporal, and Commons, in this pre- 
 sent Parliament assembled, and by the Authority of the same. That from and after 
 the passing of this Act an Act passed in the Session of Parliament holden in the 
 Second and Third Years of the Reign of His late Majesty King William the 
 Fourth, intituled An Act for regulating for Tlivee Years, and from thence until 
 the End of the then next Session of Parliament, the Care and Treatment of Insane 
 Persons in England ; and an Act passed in the Session of Parliament holden in 
 the Third and Fourth Years of the Reign of His said late Majesty, intituled 
 An Act to amend an Act of the Second and Third Year of His present Mctjesty, for 
 regulating the Care and Treatment of Insane Persons in England ; and an Act 
 passed in the Session of Parliament holden in the Fifth and Sixth Years of the 
 Reign of His said late Majesty, intituled An Act to continue for Three Years, and 
 from thence to the End of the then next Session of Parliament, Two Acts of the Second 
 and Third Year and the Third and Fourth Year of His present Majesty, relating 
 to the Care and Treatment of Insane Persons in England ; and an Act passed in 
 the Session of Parliament holden in the First and Second Years of the Reign of 
 Her present Majesty, intituled An Act to continue for Three Years, and from 
 thence to the End of the then next Session of Parliament, Two Acts relating to the 
 Care and Tteatment of Insane Persons in England ; and an Act passed in the 
 Session of Parliament holden in the Fifth Year of the Reign of Her said present 
 Majesty, intituled An Act to continue for Three Years, and from thence to the End 
 of the then next Session of Parliament, Two Acts relating to the Care and Treatment 
 of Insane Persons in England ; and an Act passed in the Session of Parliament 
 holden in the Fifth and Sixth Years of the Reign of Her said present Majesty, in- 
 tituled An Act to amend, and continue for Three Years, and from thence to the 
 End of the next Session of Parliament, the Laios relating to Houses licensed by the
 
 APPENDIX. 171 
 
 Metropolitan Commissioners and Justices of the Peace for the Reception of Insane 
 Persons, and for the Inspection of Counti/ Asylums and Public Hospitals for the 
 liccejition of Insane Persons, shall be and the sriiiie are herehy lepealeii, save and 
 except so far as they or any of them repeal any other Act : Provided always, that 
 until the Appointment for any Jurisdiction of Visitors and their Clerk under the 
 Provisions of this Act the Visitors and Clerk appointed for such Jurisdiction under 
 the said repealed Acts or any of tliem shall re8|)ectively have and perform the 
 Powers, Authorities, and Duties which they would have respectively had or per- 
 formed if appointed under this Act: Provided also, that all Licences heretofoie 
 granted shall remain in force for the Periods for which they were respectively 
 graiited, unless revoked as hereinafter provided ; and that all Orders, Matters, 
 and Thiui,fs which have been granted, made, done, or directed to be done in pur- 
 suance of the said repealed Acts or any of them shall be and remain as good, valid, 
 and effectual to all Intents and Purposes as if the said repealed Acts had not been 
 repealed, except so far as such Orders, Matters, or Things are expressly made void 
 or affected by this Act ; and that all Fees, Charges, and Expenses which have 
 become payable under the said repealed Acts or any of them, shall be payable in 
 the same Manner and from the same Funds as would have been applicable thereto 
 iu case such Acts had not been repealed. 
 
 Commissioners in Lunacy under 5 d: 6 Vict. c. 84. to be henceforth called 
 " The Musters in Lunacy." 
 
 TI. And be it enacted. That the Persons already appointed and hereafter to be 
 appointed under an Act passed in the Session of Parliament liolden in the Fifth 
 and Sixth Years of the Keign of Her present Majesty, intituled An Act to alter 
 and amend the Practice and Course of Proceedinf/ under Commissions in the Nature 
 of Writs Be lunatico inquirendo, whereby the Lord Chancellor is empowered to 
 appoint Two Persons, to be called "The Commissioners in Lunacj'," shall hence- 
 forth be and be called "The Masters in Lunacy," and shall take the same Kank 
 and Precedence as the Masters in Ordinary of the High Court of Chancery. 
 
 Appointment of'^ The Commissioners in Lunacy." 
 
 III. And be it enacted, That the Right Honourable Lord Ashley, the Right 
 Honourable Lord Seymour, the Right Honourable Robert Vernon Smith, Robert 
 Gordon of Lewiston, in the County of Dorset, Esquire, Francis Barlow of Montagu 
 Square, Esquire, Thomas Turner of Curzon Street, Esquire, Henry Herbert Southey 
 of Harley Street, Esquire, John Robert Hume of Curzon Street, aforesaid, Esquire, 
 Bryan Waller Procter of Gray^s Inn, Esquire, James William Mylne of Lincoln's 
 Inn, Esquire, and John Hancock Hall of the Middle Temple, Esquire, (which said 
 Thomas Turner, Henry Herbert Soiithey, and John Robert Hume, and no other of 
 the said Persons, are Physicians, and which said Bryan Waller Procter, James 
 Wiliiam Mylne, and John Hancock Hall, and no other of the said Persons, are 
 practising Barristers at Law of Ten Years standing at the Bar and upwards.) and 
 their respective Successors, to be appointed as herein-after provided, shall be Com- 
 missioners for the Purposes of this Act, to be called " The Commissioners in 
 Lunacy ;" and that such Commissioners for the Time being shall respectively hold 
 their Offices during good Behaviour, and shall not, so long as the}' shall remain 
 such Commissioners, and receive any Salary under this Act, accept, hold, or carry 
 on any other Office or Situation, or any Profession or Employment, from which 
 any Gain or Profit shall be derived ; and that there shall be paid to each of the 
 Six Commissioners for the Time being who shall be Physicians, Surgeons, or Bar- 
 risters of Five Y^ ears standing and upwards, out of the ISIonies or Funds herein- 
 after mentioned, over and above their respective travelling and other Expenses 
 whilst employed in visiting any Houses, Hosi)itals, Asylums, Gaols, Workhouses, 
 or other Places, in pursuance of this Act, the yearly Salary of One thousand and 
 five hundred Pounds, by Four equal quarterly P'ayments, on tiie Twenty-ninth 
 Day of SejJtember, the Twenty fifth Day of Ueccrnbtr. the Twenty-fifth Day of 
 March, and the Twenty-fourth Day of Ju7ie in every Year, the first of each such 
 Payments (or a proportionate Part thereof, to be computed, in the Case of the
 
 ] 72 APPENDIX. 
 
 Commissioners appointed by this Act, from the passing of the Act, and in ease of 
 the Comniissioners to be appointed as herein-after provided, from tlie Time of the 
 respective Appointments of such Commissioners,) to be made to such Commis- 
 sioners respectively on such of tlie same Days of Payment as shall first happen after 
 the passing of this Act, or after the Dates of their respective Appointments, as the 
 Case may be. 
 
 In case of Death, Disqualification, Refusal, or Inability of Commissioners, 
 others to be appointed. 
 
 IV. And be it enacted, That as often as any Commissioner appointed by this 
 Act or to be appointed under this present Provision shall die, or be removed for 
 Ill-behaviour, or be disqualified, or resign, or refuse to act, or become unable by 
 Illness or otherwise to pt-rform the Duties or exercise the Powers of this Act, the 
 Lord Chancellor shall appoint a Person to be a Commissioner in the Room of the 
 Commissioner who shall die or be removed, or be disqualified, or resign, or refuse 
 or become unable to act as aforesaid, but so that every Person so appointed 
 in the Room of a Physician shall be a Physician or Surgeon, ;ind every Person so 
 appointed in the Room of a Barrister of Five Years standing at the Bar and 
 upwards shall be a practising Barrister of not less than Five Years standing at the 
 Ear, and every Person appointed in the Room of any other Commissioner shall be 
 neither a Physician nor a Surgeon, nor a practising Barrister, and until such 
 Appointment it shall be lawful for the continuing Commissioners or Commissioner 
 to act as if there were no such Vacancy. 
 
 Provision for retiring Pension to incapacitated Commissioners. 4 <£;5 W. 4. c. 24. 
 
 V. And be it enacted, That any Superannuation Allowance to be granted to 
 any Commissioner appointed or to be appointed, under this Act shall be granted 
 only in respect of Services performed under this Act, and shall be subject to the 
 Provisions of an Act passed in the Fourth and Filth Years of His late Majesty 
 King William the Fourth, intituled An Ad to alter, amend, and consolidate the 
 Laws for regulating the Pensions, Compensation, and Allowances to be-made to 
 Persons in respect of their having held Civil Offices in His Majesty's Service, so far 
 as such Provisions relate to Officers and Clerks who had entered or might enter the 
 Public Service subsequent to the Fourth Day of August One thousand eight 
 hundred and twenty-nine. 
 
 Commissioners to take the following Oath. 
 
 VI. And be it enacted, That every Person hereby or hereafter appointed a 
 Commissioner under this Act shall, before he acts in the Execution of his Duty as 
 a Commissioner, take an Oath to the following effect ; (that is to say,) 
 
 ' T J.i?. do swear, That I will discreetly, impartially, and faithfully execute all the 
 ' J. Trusts and Powers committed unto me by virtue of an Act of Parliament made 
 
 * in the Ninth Year of the Reign of Her Majesty Queen Victoria, intituled {here 
 
 * insert the Title of the 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 1 shall feel myself called upon 
 
 * to do so for the Letter Execution of the Duty imposed on me by the said Act. 
 
 So Help me GOD,' 
 
 Which Oath it shall be lawful for the Lord Chancellor to administer to every such 
 Commissioner ; and any Three of the Commis.sioners who shall have previously 
 taken the Oath are hereby authorized to administer such Oath to any other Com- 
 missioner. 
 
 Commissioners to have a Common Seal. 
 
 VII. And be it enacted. That the Commissioners shall cause to be made a Seal 
 of the Commission, and shall cause to be sealed or stamped therewith all Licences, 
 Orders, and Instruments granted or made, or issued, or authorized by the Commis- 
 sioners, in pursuance of this Act, except such Orders or Inslrumenls as are herein-
 
 APPENDIX. 173 
 
 after required or directed to be given or signed and sealed liy One Commissioner 
 or Two Commissioners ; and all sucli Licences, Orders, and Instruments, or Copies 
 thereof, purporting to be sealed or stamped with the Seal of the Commission, shall 
 be received as Evidence of the same respectively, ami of the same respectively 
 having been granted, made, issued, or authorized by the Commissioners, without 
 any further Proof thereof ; and no such Licence, Order, or Instrument, or Copy 
 thereof, shall be valid, or have any Force or Elfect, unless the same shall be so 
 sealed or stamped as aforesaid. 
 
 Commissioners to elect a Permanent Chairman. 
 
 VIII. And be it enacted. That the Commissioners or any Five of them shall 
 as soon as may be after the passing of this Act meet at the usual OfBce or Place of 
 Business now occupied or used by the Metropolitan Commissioners in Lunacy, or 
 at such other Place as the Lord Chancellor shall direct, and elect one of the same 
 Commissioners (not being a Physician or a Barrister receiving any Salary by virtue 
 of this Act) to be the permanent Chairman of the Commission ; and in Case such 
 permanent Chairman, or any other permanent Chairman who shall thereafter be 
 elected in pursuance of this Provision, shall die, or decline or become incapable to 
 act as Chairman, or shall cease to be a Commissioner, then and as often as the 
 same shall happen the Commissioners for the Time being, or any Five of them, at 
 any Meeting to be specially sumnioned for that Purpose, shall elect another 
 Person to be the permanent Chairman of the Commission in the Place of the 
 C'hairman who shall so die or decline or become incapable to act, or cease to be a 
 Commissioner as aforesaid ; and in case the permanent Chairman for the Time 
 being shall be absent from any Meeting it shall be lawful for the ^Majority of the 
 Commissioners present at any such Meeting to elect a Chairman for that Meeting ; 
 and in all Cases every Question shall be decided by a jMajority of Voters (the 
 Chairman, whether permanent or temporary, having a Vote), and in the event of 
 an Equality of Votes the Chairman for the Time being shall have an additional or 
 casting Vote. 
 
 Appointment of Secretary. 
 
 IX. And be it enacted. That Robert Wilfred SkeMngton Lutwldge of Lincoln's 
 Inn, Esquire, shall be the Secretary to the Commissioners; and that the said Robert 
 Wilfred Skeffington Lutioidf/e, and every Secretary to be hereafter appointed, shall 
 be removable from his Office by the Lord Chancellor, on the Application of the 
 Commissioners ; and that as often as the said Robert Wilfred SLrJinijton Lutwidge, 
 or any Secretary to be appointed under this present provision, shall die, or 
 resign, or be removed from liis Office, the Commissioners, with the Approbation of 
 the Lord Chancellor, shall appoint a Person to be Secretary in the Room of the 
 said Robert Wilfred Skeffington Lutividge, or other the Secretary who shall die, or 
 resign, or be removed as aforesaid : and that tiie Secretary for the Time beint^ 
 shall, in the Performance of all his Duties, and in all respects, be subject to the 
 Inspection, Direction, and Control of the Commissioners ; and that there shall be 
 paid to the Secretary for the Time being, out of the Monies and Funds herein-after 
 mentioned, the yearly Salary of Eight hundred Pounds, by Four equal qu irterly 
 Payments, on the Twenty-ninth Day of September, the Twenty-fifth Day of December, 
 and the Twenty-fifth Day of March, and the Twenty-fourth Day of June in every 
 Year, the first of such Payments (or a proportionate part thereof, to be computed, 
 in the Case of the said Robert Wilfred Skcjington Lutwidge, from the passing of 
 this Act, and in case of every other Secretary from the Time of his Appointment,) 
 to be made to the said Robert Wilfred Sh^ifington Lutwidge on such of the same 
 Days of Payment as shall first happen after the passing of this -Act, and to every 
 other Secretary for the Time being on such of the same Days of Payment as shall 
 first happen after his Appointment. 
 
 Provision for retiring Pension to Secretary. 4 <{• 5 W. 4. c. 24. 
 
 X. And be it enacted. That any Superannuation Allowance to be granted to 
 any Secretary appointed or to be appointed under this Act shall be granted only
 
 174 APPENDIX. 
 
 in respect of Services performed under this Act, and shall be subject to the Provi- 
 sions of an Act passed in the Fourth and Fifth Years of His late Majesty King 
 WiUiayn the Fourth, intituled An Act to alter, amend, and consolidate the Laws for 
 rerjulating the Pensions, Compensation, and Allowances to be made to Persons in 
 respect of their having held Civil Offices in His Majesty's Service, so far as such 
 Provisions relate to Officers and Clerks who had entered or might enter the Public 
 Service subsequent to the Fourth Day of August One thousand eight liundred and 
 twenty-nine. 
 
 ■Power for the Commissioners to appoint Two Clerks. 
 
 XI. And be it enacted, That it shall be lawful for the Commissioners to 
 appoint, during Pleasure, any Two Persons as Clerks to the Commissioners, and to 
 allow to such Two Clerks any such yearly or other Salaries (not exceeding in the 
 ■whole the yearly Sum of Two hundred Pounds for such Two Clerks) as the Com- 
 missioners shall think proper ; and further, that it shall be lawful for the Commis- 
 sioners, at any Time hereafter, in case they shall find it expedient so to do, for the 
 due Performance of the Business of the Commission, with the Consent of the Lord 
 Hio-h Treasurer, or of the Conunissioners of Her Majesty's Treasury, or of any Three 
 or more of them, to appoint One or Two other Clerks (in addition to the Two 
 Clerks firstly herein- before mentioned), and to allow to such One or Two additional 
 Clerk or Clerks any such yearly or other Salaries as the Commissioners shall think 
 fit (not exceeding in the whole the yearly Sum of Two Hundred Pounds) ; and 
 such Salaries shall be paid out of the Monies or Funds herein-after mentioned. 
 
 Secretary and Clerics to take an Oath. 
 
 XII. And be it enacted, That every Person appointed to be Secretary or Clerk 
 as aforesaid shall, before he shall act as such Secretary or Clerk, take the following 
 Oath, to be administered by any One of the Commissioners : 
 
 ' T A.B. do swear, That I will faithfully execute all such Trusts and Duties as shall 
 X be committed to my Charge as Secretarj' to the Commissioners in Lunacy [or as 
 
 * Clerk to the Commissioners in Lunacy, as the Case may be]; and that I will keep 
 'secret all such Matters as shall come to my Knowledge in the Execution of my 
 
 * Oflace (except when required to divulge the same by legal Authority). 
 
 So help me GOD.' 
 
 Clerk of the Metropolitan Commissioners to deliver all Documents to the 
 Commissioners under this Act. 
 
 XIII. And be it enacted, That immediately after the passing of this Act the 
 Clerk to the Metropolitan Commissioners in Lunacy appointed under the said Act of 
 the Second and Third Years of the Reign of His late Majesty King William the 
 Fourth, or under any of the other Acts hereby repealed, shall forthwith deliver up 
 every Book, Paper, and Document, and all Goods, Property, and EfiFects which 
 may be in his Possession by Virtue of his said Office, or in consequence thereof, or 
 connected with the Business thereof, to the Commissioners in Lunacy hereby 
 appointed ; and every Bool;, Paper, and Document, and all Goods, Property, and 
 Effects respectively, which shall be so delivered unto or shall hereafter come into 
 the Possession of the Commissioners in Lunacy by virtue of their Office, shall 
 thereupon be vested in and shall be deemed to be the Property of the Commis- 
 sioners in Lunacy for the Time being. 
 
 Jwrisdiction within which Commissioners are to grant Licences, and termed their 
 immediate Jurisdiction, defined. 
 
 XIV. And be it enacted, That it shall be lawful for the Commissioners (if and 
 ■when they shall think fit) to grant a Licence to any Person to keep a House for 
 the Reception of Lunatics, or of any Sex or Class of Lunatics, within the Places 
 fi^llowinc ; (that is to say,) the Cities of Z/OMf^o« and Westminster, the County of 
 Middlesex, the Borough of Southivark, and the several Parishes and Places herein- 
 after mentioned ; (that is to say,) Brixton, Batteraea, Barnes, Saint Mary Mag-
 
 APPENDIX. 175 
 
 dalen BcrmonrJsey, Christ Church Clapham, Saint Giles Camherwell, Dulwich, Saint 
 Paid Deptford, Oravenaij, Kcw Ureeii, Kennington, Saint Mary Lambeth, Mort- 
 lake, Merlon, MiCcham, Saint Marij Newinylon, Norwood, Putney, Peckham, 
 Saint Mary Itolherhithc, Rochampton, Strealhain, Stockweil, Tootiny, WinMcdon, 
 Wandxworth, and Walworth, in the County of Surrey ; Blaclckeath, Charlton, 
 Deptford, (Jreenwich, Lewisham, Lee, Southend, and Woolwich, in the County of 
 Kent ; and £ast Ham, Layton, Laytonstone, Low Layton, Plaistow, Went Ilain, and 
 Wulthamstow, in the County of Essex ; and also within every other Phice (if any) 
 within the Distance of Seven Miles from any l^art of the said Cities of London or 
 Westminster, or of the said Borough of Sonthwark ; all which Cities, County, 
 l^orough. Parishes, and Places aforesaid shall be and are hereafter referred to as 
 the immediate Jurisdiction of the Commissioners. 
 
 Commissioners to hold quarterly and special Meetings for grantinc/ Licences, 
 
 XV. And be it enacted. That the Commissioners or some Five of them shall 
 nieetatthe usual Office or Place of Business which shall for the Time being be occu- 
 pied or used by the said Commissioners, or at such other Place as the Lord Chan- 
 cellor may direct, on the First Wednesday, in the Months of February, May, July, 
 and November, in every Year, in order to receive Applications from Persons 
 requiring Houses to be licensed for tlie Eeception of Lunatics within the inmie- 
 diate Jurisdiction of the Commissioners, and (if they shall think fit) to license the 
 same ; and in case on any such Occasion Five Commissioners shall not be present 
 the Meeting shall take place on the next succeeding Wednesday, and so on weekly 
 until Five Commissioners shall be assembled; and the Commissioners assembled 
 at every such Meeting shall have Power to adjourn such Meeting from Time to 
 Time and to such Place as they shall see fit : Provided always, nevertheless, that 
 it shall be lawful for any Five of the Commissioners at any other Time, at any 
 Meeting duly summoned under the Provisions in that Behalf herein-after con- 
 tained, to receive Applications from Persons requiring Houses, to be licensed as 
 aforesaid, and, if they shall think fit, to license the same. 
 
 Provision for summoning Special Meetings. 
 
 XVI. And be it enacted, That when and so often as any Commissioner shall 
 by Writing under his Hand require the Secretary to convene a Meeting of the 
 Commissioners for a Purpose or Purposes specified in such Writing, or for the 
 general Desjiatch of Business, such Secretary is hereby requireil to convene such 
 fleeting by summons to the other Commissioners, or such of them as shall be then 
 in England and shall have an Address known to the Secretary, and to give them, 
 as far as Circumstances will admit, not less than Twenty-four Hours Notice of the 
 Place, Day, and Hour where and on and at whith such Meeting is intended to be 
 held, and also to state in the Summons tlie Purpose or Purposes of such Meeting, 
 as specified by the Commissioner requiring the same to lie convened; and then and 
 in every such Case it shall be lawful for any Three of the Commissioners to assemble 
 themselves to consider, and (if they shall think fit) to execute the Purpose or 
 Purposes of such Meeting : Provided always, nevertheless, that nothing shall be 
 done at any such ^Meeting, at which less than five Commissioners shall be present 
 which by this Act is required to be done by Five Commissioners : Provided also, 
 that every such Meeting shall, as far as circumstances will admit, be held at the 
 usual Office or Place of Business of the Commissioners. 
 
 The Justices of the Peace in General or Quarter Sessions in all other Parts of England 
 to license Bouses for the Reception of Lunatics, and to appoint Visitors. 
 
 XVII. And be it enacted, That in all Places not being within the immediate 
 Jurisdiction of the Commissioners the Justices for the County or Borough assem- 
 bled in General or Quarter Sessions shall have the same Authority, within their 
 respective Counties or Boroughs to license Houses for the Keception of Lunatics 
 as the Commissioners within their immediate Jurisdiction ; and that the said 
 Justices shall at the Michaelmas General or Quarter Sessions in every Year,
 
 176 APPENDIX. 
 
 appoint Three or more Justices, and also One Physician, Surgeon, or Apothecary, 
 or more, to act as Visitors of every or any House or Houses licensed for the Kecep- 
 tion of Lunatics within tlie said Counties or Boroughs respectively ; and such 
 Visitors shall at their First Meeting take the Oath required by this Act to be 
 taken by the Commissioners, mwtoh's mutandis, such Oath to be administered by a 
 Justice. 
 
 For Appointment of a Visitor in the Place of one dying, ieing unable, disqualified, <fcc. 
 
 XVIII. And be it enacted, That in case at any Time of the Death, Inability, 
 Disqualification, Resignation, or Refusal to act of any Person so appointed a 
 Visitor as aforesaid, it shall be lawful for the Justices of the County or ijorough, 
 at any General or Quarter Sessions, to appoint a Visitor in the Room of the 
 Person who shall die, or be unable or be disqualified, or resign or refuse to act as 
 aforesaid. 
 
 Lists of Visitors to he published by the Clerk of the Peace, in a Newspaper, and to 
 be sent to the Commissioyicrs. Penalty for Default. 
 
 XIX . And be it enacted, That a List of the Names, Places of Abode, Occu- 
 pations, or Professions of all Visitors appointed as herein-before is directed shall, 
 within Fourteen Days from the Date of their respective Appointments, be publislied 
 by the Clerk of the Peace of the County or Borough for which they shall be respec- 
 tively appointed in some ISewspaper commonly circulated within the same County 
 or Borough, and shall, within Three Days from the Date of their respective 
 Appointments, be sent by the Clei k of the Peace to the Commissioners ; and every 
 Clerk of the Peace niakmg default in eituer of the respects aforesaid shall for every 
 such Default forfeit a Sum not exceeding 'L'wo Pounds. 
 
 Every Visitor, being a Physician, Surgeon, or Apothecary, to be remunerated. 
 
 XX. And be it enacted, That every such Visitor as aforesaid, being a Physician, 
 Surgeon, or Apothecary, shall be paid out of the Monies or Funds herein-after 
 mentioned for every Day during which he shall be employed in executing the 
 Duties of this Act such Sum as the Justices of the County or Borough shall in 
 General or Quarter Sessions direct. 
 
 Clerk of the Peace, or some other Person, to be appointed to be Clerk to Visitors. 
 His Duties and Remuneration. 
 
 XXI. And be it enacted. That the Clerk of the Peace, or some other Person to 
 be appointed by the Justices for the County or Borough in General or Quarter 
 Sessions, shall act as Clerk to the Visitors so appointed as aforesaid, and such 
 Cleric shall summon the Visitors to meet at such Time and Place, for the Purpose of 
 executing the Duties of this Act, as the said Justices in General or Quarter Sessions 
 shall appoint ; and every such Appointment, Summons, and Meeting shall be 
 made and held as privately as may be, and in such Manner that no Proprietor, 
 Superintendent, or Person interested in or employed about or connected with any 
 House to be visited shall have notice of such intended Visitation ; and such Clerk 
 to the Visitors shall, at their First Meeting, take the Oath required by this Act to 
 be taken by the Secretary of the Commissioners, mutatis mutandis, such Oath to 
 be administered by One of the Visitors, being a Justice : and the Name, Place of 
 Abode, Occupation, and Profession of the Clerk to the Visitors (whether the same 
 shall be the Clerk of the Peace or any other Person) shall within Fourteen Days 
 after the Appointment be jmblished by the Clerk of the Peace for the County or 
 Pioroucli in some Newspaper commonly circulated therein, and within Three Days 
 from the Date of the Appointment be communicated by the said Clerk of the 
 Peace to the Commissioners ; and every Clerk of the Peace making default in 
 either of the respects aforesaid shall for every such Default forfeit a Sum not 
 exceedincr Two Pounds ; and every such Clerk to the Visitors shall be allowed 
 such Salary or }>emuneration for his Services (to be paid out of the Monies or 
 Funds herein-after mentioned) as the Justices for the County or Borough shall in 
 General or Quarter Sessions direct.
 
 APPENDIX. 1 77 
 
 Provision for A ssistants to the Clerk of the Visitors. Oath of A ssistant. 
 
 XXII. And be it enacted, That if the Clerk of any Visitors shall at any Time 
 desire to employ an Assistant in the Execution of the Duties of his Office, sucL 
 Clerk shall certify such Desire and the Name of such Assistant to one of the 
 Visitors, being a Justice ; and if such Visitor shall apjjrove thereof he shall ad- 
 minister the following Oath to such Assistant : 
 
 ' T A.B. do solemnly swear, That I will faithfully keep secret all such Matters and 
 ' JL Things as ^hall come to my Knowledge in conser^uence of my Employment as 
 ' Assistant to the Clerk of the Visitors appointed for the County [or Borough] of 
 * by virtue of an Act of Parliament ])assed in the Ninth Year of the 
 
 ' Eeign of Her Majesty Queen Victoria, intituled [here insert the Title of the Act,"] 
 ' unless required to divulge the same by legal Authority. 
 
 So help me GOD.' 
 And such Cierk may thereafter, at his own Cost, employ such Assistant. 
 
 Pemons interested in any licensed House, or being Medical Attendant on any 
 Patient therein, disqualified to act as Commissioner, Visitor, Secretary, Clerk, or 
 Assistant. Disqualified Persons acting a Misdemeanor. Physicians, dx. 
 contravening, Penalty lOl. 
 
 XXIII. And be it enacted. That no Person shall be or act as a Commissioner, 
 or Visitor, or Secretary, or Clerk to the Commissioners, or Clerk or Assistant 
 Clerk to any Visitors, or act in granting any Licence, who shall then be, or siiall 
 within One Year then next preceding have been, directly or indirectly interested 
 in any House licensed for the Eeception of Lunatics, or the Profits of such 
 Reception ; and no Physician or Surgeon (being a Commissioner), and no Physi- 
 cian, Surgeon, or Apothecary, (being a Visitor,) shall sign any Certificate for the 
 Admission of any Patient into any licensed House or Hospital, or shall profes- 
 sionall}' attend upon any Patient in any licensed House or Hospital, uidess he be 
 directed to visit such Patient by the Person upon whose Order such Patient has 
 been received into such licensed House or Hospital, or by the Lord Chancellor, 
 or Her Majesty's Principal Secretary of State for the Time being for the Home 
 Department, or by a Committee appointed by the Lord Chancellor ; and if any 
 such Commissioner, or Visitor, or Secretary, or Clerk to the Commissioners, or 
 Clerk or As.-: i.stant Clerk to any Visitors, shall after his Appointment be or become 
 so interested in any House licensed for the Reception of Lunatics or the Profits of 
 such Reception, such Commissioner, Visitor, Secretary, or Clerk, or Assistant 
 Clerk, as the Case may be, shall immediately thereupon be disqualified from acting 
 and shall cease to act in such Capacit}^; and if any Person, being disqualified as 
 aforesaid, shall take the Office of Commissioner, Visitor, Secretary, Clerk, or 
 Assistant Clerk, or, being a Commissioner, Visitor, Secretary, Clerk, or Assistant 
 Clerk, shall become disqualified as aforesaid, and shall afterwards continue to act 
 in such Ca[)aciiy, such Person shall be guilty of a INIisdemeanor ; and if any 
 Physician or Surgeon (being a Commissioner), or any Physician, Surgeon, or 
 Apothecary, (being a Visitor,) shall sign any Certificate for the Admission of any 
 Patient into any licensed House or Hospital, or shall professionally attend any 
 Patient in any licensed House or Hospital (except as aforesaid), such Physician, 
 Surgeon, or Apothecary (as the Case may be) shall for each Offence against this 
 Provision forfeit the Sum of Ten Pounds. 
 
 Fourteen Days previous Notice of intended Application for and Plaii of 
 licensed House to he given to the Commissioners or Cleric of the Peace. 
 
 XXIV. And be it enacted, That every Person who shall desire to have a House 
 licensed for the Reception of Lunatics shall give a Notice, if such House be 
 situate within the immediate Jurisdiction of the Commissioners, to the Commis- 
 sioners, and if elsewhere to the Clerk of the Peace for the County or Borough in 
 which such House is situate. Fourteen clear Days at the least prior to some 
 
 N
 
 178 APPENDIX. 
 
 quar'erly or other Meeting of the CommissioDers, or to some General or Quarter 
 Sessions for such County or Borough, as the Case may be ; and such Notice shall 
 contain the true Christian and Surname, Place of Abode, and Occupation of the 
 Person to whom the Licence is desired to be granted, and a true and full Descrip- 
 tion of his Estate or Interest in such House ; and in case the l^erson to whom the 
 Licence is desired to be granted does not propose to reside himself in the licensed 
 House, the true Christian and Suiname and Occupation of the Superintendent who 
 is to iciside therein ; and such Notice, when given for any House which shall not 
 have been previously licensed, sliall be accompanied by a Plan of such House, to 
 be drawn upon a Scale of not less than One Eighth of an Inch to a Foot, with a 
 Description of the Situation tliereof, and the Length, Breadth, and Height of and 
 a Reference by a Figure or Letter to every Room and Apartment therein, and a 
 Statement of tiie Quantity of Land, not covered by any Building, annexed to such 
 House, and appropriated to the exclusive Use, Exercise, and Recreation of the 
 Patients j)ro])osed to be received therein, and also a Statement of the Number of 
 Patients proposed to be received into such House, and whether the Licence so 
 applied for is for the Reception of Male or Female Patients, or of both, and if for 
 the Recei tion of both, of the Number of each Sex proposed to be received into such 
 House, and of the Means by which the one Sex may be kept distinct and apart 
 from the other ; and such Notice, Plan, and Statement, when sent to the Clerk of 
 the Peace, shall be laid by him before the Justices of the County or Borough at 
 such Time as they shall take into their Consideration the Application for such 
 Licence : Provided always, that it shall be lawful for any Person to whom a 
 Licence shall be granted to remove the Superintendent named in tiie Notice, and 
 at any Time or Times to appoint another Superintendent, upon giving a Notice 
 containing the true Chiistian and Surname and Occupation of the new Superinten- 
 dent to the Commissioners or the Visitors of the House, as the Case may require: 
 Provided always, tiiat all Plans heretofoie delivered shall be deemed sufficient for 
 the Purposes of this Act, if the Commissioners or Justices, as the Case may be, 
 shall so think fit. 
 
 No Licence to include more than O^ie House ; hut detached Buildings in certain 
 Cases, to be considered Part of the House. 
 
 XXV. And be it enacted. That no One Licence shall include or extend to 
 more than One House ; but if there be any Place or Building detached from a 
 House to be licensed, but not separated therefrom by Ground belonging to any 
 other Person, and if such Place or Building be specified, delineated, and described 
 in the Notice, Plan, and Statement herein-before required to be given, in the same 
 Manner in all Particulars as if the same had formed Part of such House, then such 
 detached Place or Building may be included in the Licence for the House, if the 
 Comndssioners or Justices, as the Case may be, sliall think fit, and if so included 
 shall be considered Part of such House for the Purposes of this Act : Provided 
 always, that no Person hereafter receiving a Licence fur the first Time shall receive 
 any Licence for the Reception of Lunatics in any Lunatic Asylum who shall not 
 reside on the Premises for which he is licensed. 
 
 Notice of all Additions and Alterations to he given to the Commissioners 
 or Clerk of the Peace. 
 
 XXVI. And be it enacted. That no Addition or Alteration shall be made to, in, 
 or about, any -licensed House, or the Appurtenances, unless previous Notice in 
 Writing of such proposed Addit on or Alteration, accompanied with a Plan of such 
 Addition or Alteration, to be drawn ui)on the Scale aforesaid, and to be accom- 
 panied by such Description as aforesaid, shall have been given by the Person to 
 whom the Licence shall have been granted to the Conmiissioners or to the Clerk of 
 the Peace, as the Case may be, and the Consent in Writing of the Commissioners, or 
 of Two of the Visitors, as the Case may be, shall have been previously given. 
 
 Untrue Statement a Misdemeanor. 
 
 XXVII. And be it enacted, That if any Person shall wilfully give an untrue 
 or incorrect Notice, Plan, Statement, or Description of any of the Things herein-
 
 APPENDIX. 179 
 
 before required to be included in any Notice, Plan, or Statement, hetihall be guilty 
 of a Misdemeanor. 
 
 A Copy of every Licence granted by Justices to be sent to the Commissioners. 
 
 XXVIII. And be it enacted, That in every Case in which a Licence for the 
 Reception of Lunatics shall nfter tlie passing of tliia Act be granted by any 
 Justices, the Clerk of the Peace for the County or Borough shall, within Fourteen 
 Days alter such Licence shall have been granted, send a Copy thereof to the Com- 
 missioners ; and any Clerk of the Peace omittinuf to send such Cop^' within sach 
 Time shall for every such Omission forfeit a Sum not exceeding Two Pounds. 
 
 Every Person applying for the Renewal of a Licence to furnish a Statement 
 of the Number and Class of Patients then detained. 
 
 XXTX. And be it enacted, That in every Case in which any Person shall apply 
 for the Renewal of a Licence already granted or hereafter to be granted, such 
 Person, if applying to the Commissioners, shall with such Application transmit to 
 the Commissioners, and if applying to any Justices shall witii such Application 
 transmit to the Clerk of the Peace for the County or Borough, and also at the same 
 Time to the Commissioners, a Statement signed by the Person so applyinsr. con- 
 taining the Names and Number of the Patients of each or either Sex then detained 
 in such House, and distinguishing whether such Patients respectivelv are private 
 or pauper Patients ; and any Person who shall hereafter obtain the Ren^ wal of a 
 Licence witliout making such Return or Returns shall for every such (Jffence forfeit 
 the Sum of Ten Pounds ; and any Person who shall make any such Return untruly 
 shall be guilty of a Misdemeanor. 
 
 Licences to be made out in a given Form, Ac, and to be for not more than 
 Thirteen Months. 
 
 XXX. And be it ena' ted, That every Licence shall, as nearly as conveniently 
 may be, be according to the Form in the Schedule (A.) annexed to this Act, and 
 shall be stamped with a Ten Sliilling Stamp, and shall be under the Seal of the 
 Commissioners, if granted by them, and if by any Justices under the Hands and 
 Seals of Three or more such J usiices in General or Quarter Sessions assembled, and 
 shall be granted for such Period, not exceeding Thirteen Calendar Months, as the 
 Commissioners or Justices, as the Case may be, shall think fit. 
 
 No Licence, ttc. in any Borough without Consent of Recorder. 
 
 XXXI. And be it enacted, That no Licence shall be granted or Visitor or 
 Clerk appointed by the Justices for any IJorough without the Consent in Writing 
 of the Recorder of such Borough to such Grant or Appointment. 
 
 Charge for Licences to be granted in pursuance of this Act. Power to reduce 
 the Charge for the Licence in certain Cases. 
 
 XXXII. And be it enacted. That for every Licence to be hereafter granted 
 there shall lie paid to the Secretary of the Commissioners, or to the Clerk of the 
 Peace, according as the Licence shall be granted by the Comraissi<mers or Justices 
 (exclusive of the Sum to be p;iid for the Stamp), the Sum of Ten Shillinus, and no 
 more, for every Patient not being a Pauper, and the Sum of Two Shillings and 
 Sixpence and no more for every Patient being a Pauper, ])roposed to be received 
 into such House, and if the total Amount of such Sinns <>f Ten Shillings and Two 
 Shillings and Sixpence shall ni)t amount to Fifteen Pounds, then so much more as 
 shall make up the Sum of Fifteen Pounds ; and no such Licence shall be delivered 
 until tlie Sum payable for the same shall be paid : Provided always, that if the 
 Period for which a Licence shall be granted be less than Thirteen Calendar !\Ionths, 
 it shall bo lawful for the Commissioners or the Justices, as the Case may be, to 
 reduce the Payment to be made on such Licence to any Sum not less than Five 
 Pounds. 
 
 2^ 2
 
 180 APPENDIX. 
 
 ApiUcation of Monies received for Licences by the Secretary of the Commissioners. 
 
 XXXIII. Aud be it enacted, That all Monies received for Licences granted by 
 the Commissioners, and for Searches made in pursuance of the Provision for that 
 Purpose herein-after contained, shall be retained by the Secretary of the Commis- 
 sioners, and be applied by him in or towards the Payment of the Salaries and 
 travelling and other Expenses of the Commissioners and ot their Secretary and Clerks, 
 and in or towards the Payment or Discharge of all or any Costs, Charges, and 
 Expenses incurred by or under tlie Authority of the Comnussioners in the Execu- 
 tion of or under or by virtue of this Act. 
 
 Secretary of the Commissioners to make out an annual Account, to be laid before the 
 Lords Commissioners of the Treasury, of all Receipts and Payments by him under 
 this Act. 
 
 XXXIV. And be it enacted, That the Secretary of the Commissioners shall 
 make out an Account of all Monies received and paid by him as aforesaid, and of 
 all Monies otherwise received and paid by him, and of all Charges and Expenses 
 incurred under or by virtue of or iu 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 
 Five at least of the Commissioners ; and such Account shall specify the several 
 Heads of Charge and Expenditure, and shall be transmitted to the Lord High 
 Trea^^uier, or to the Commissioners of Her Majesty's Treasury, who shall thereupon 
 audit such Account, i,nd, if he or they shall deem it expedient, direct the Balance 
 \if any) remaining in the Hatids of the said Secretary to be paid into the Exchequer 
 to the Account of the Consolidated Fund ; and such Accounts shall be laid before 
 Parliament on or before the Twenty-fifth Day of March in each Year, if Parlia- 
 ment be then sitting, or if Parliament be not then sitting then within One Month 
 after the then next Sitting of Parliament. 
 
 Balance of Payments over Receipts may be paid out of the Consolidated Fund. 
 
 XXXV. And be it enacted. That it shall be lawfulfor the Lord High Treasurer, 
 or tlie Couimissioners of Her Majesty's Treasury, or any Three or more of them, 
 and they are hereby directed and empowered, from Time to Time (on an Applica- 
 tion to ihem; agreed to at some quarterly or other Meeting of the Commissioners, 
 attended by Five at least of the Commissioners, and certilied under their Hands,) 
 to cause to be issued and paid out of the Consolidated Fund to the Secretary of the 
 Commissioners such a Sum of Money as the Commissioners shall in such Applica- 
 tion have certified to be requisite to pay and discharge so much of the Salaries, 
 Costs, Charges, and Expenses herein-before directed to be paid out of the Monies 
 received by the said Secretai-y for Licences and otherwise as aforesaid as such 
 M<'nies shall be inadequate to pay, and the said Secretary shall thereupon apply 
 such Ivloney in or towaids the Payment or Discharge of such Salaries, Costs, 
 Charges, and Expenses respectively ; and that it shall be lawful for the 
 Lord High Treasurer, or the Commissioners of Her Majesty's Treasury, or any 
 Three or more of them, from Time to Time to advance by way of Impre.st to the 
 said Secretary such Sum or Sums of Money as to such Lord High Treasurer or 
 Commissioners of Her Majesty's Treasury may appear requisite and reasonable, 
 for or towards the Payment or Discharge of all or any such Salaries, Costs, Charges, 
 or Expenses as aforesaid, such Sum or Sums to be accounted for by the said Secre- 
 tary in his then next Account. 
 
 Application 0/ Monies received for Licences by Clerks of the Peace. 
 
 XXXVI. And be it enacted, That all Monies to be received for Licences 
 granted by any Justices shall be apjilied by the Clerk of the Peace for the County 
 or Borough in or towards the Payment of the Salary or Remuneration of the Clerk 
 to the Visitors ibr such County or Borough, and in or towards the Remuneration 
 of such ol the same Visitors as are herein-before directed to be remunerated, and 
 in or towards the Payment or Discharge of all Costs, Charges, and Expenses in- 
 curred by or under the Autlmrity of the same Justice or Visitors in the Execution 
 of or under or by virtue of this Act.
 
 APPENDIX. 181 
 
 Clerics of the Peace to maJce out annual Accounts, to be laid before the Justices in 
 Sessions, of all Receipts and Payments made under this Act. 
 
 XXXVII. And be it enacted, Tliat the Clerk of the Peace for every County or 
 Borough shall keep an Account of all Monies received and paid hy him aa afore- 
 said, and of all Monies otherwise received or paid by him under or by virtue of or 
 in the execution of this Act ; and such Account shall respectively be made up 
 to the First D-d,y of A ufjust in each Year, and shall be signed by Two at least of 
 the Visitors for the County or Borough ; and every such Account shall be laid by 
 the Clerk of the Peace before the Justices at the Michaelmas General or Quarter 
 Sessions, who shall thereujion direct the Balance (if any) remaining in the Hands 
 of the Clerk of the Peace to be paid into the Hands of the Treasurer for sucii 
 County or Borough, in aid and as I'art of the County or Borough Rate. 
 
 Balance of Payments over Receipts may be paid out of the Fund of the 
 County or Borough. 
 
 XXXVIII. And be it enacted, That it shall be lawful for the Justices for any 
 County or Borough, in General or Quarter Sessions assembled, if they shall think 
 fit, to order to be paid to the Clerk of the Peace of such County or Borough, out 
 of the Rates or Funds thereof, such Sum or Sums of Money as they shall on 
 Examination deem to be necessary to pay and discharge so much of the ,S:dary, 
 Remuneration, Costs, Charges, and Expenses berein-before directed to be p:u<l out 
 of the Monies received by such Clerk of the Peace for Licences and otherwise as afore- 
 said as such Monies shall be inadequate to pay ; and also that it shall be lawful for the 
 Justices in General or Quarter Sessions assembled, if they shall think fir, from 
 Time to Time to order to be advanced out of the Rates or Funds of such County or 
 Borough, to the Clerk of the Peace, such Sum or Sums of Money as to such 
 Justices may appear requisite and reasonable for or towards the Payment or 
 Discharge of any such Salary, Remuneration, Costs, Charges, or Expenses as last 
 aforesaid; and every such Sum of IMoney as aforesaid shall be j)aid and advanced 
 out of the Rates or Funds of such County or Borough by the Treasurer thereof, 
 and shall he allowed in his Accounts, on the Authority of the aforesaid Order by the 
 Justices for the Payment or Advance thereof. 
 
 Provision in case of the Incapacity or Death of the Person licensed. 
 
 XXXIX. And be it enacted, That if any Person to whom a Licence shall have 
 been granted under this Act or under any of the Acts herein- before repealed shall by 
 Sickness or other sufficient Reason become incapable of keeping the licensed House, 
 or shall die before the Expiration of the Licence, it shall be lawful for the Commis- 
 sioners or for any Three Justices for tlie County or Borou^di, as the Case may be, if 
 they shall respectively think lit, by Writing endorsed on such Licence under the Seal 
 of the Commissioners or under the Hands of such Tiiree Justices, to transfer the said 
 Licence, with all the Privileges and Obligations annexed thereto, for the Term 
 then unexpired, to such Person as shall at the Time of such Incapacity or Death 
 be the Superintendent of such House, or have the Care of the Patients therein, or 
 to such other Person as the Commissioners or such Justices respectively shall 
 approve, and in the meantime such Licence shall remain in force and have the 
 same Effect as if granted to the Superintendent of the House ; and in case a 
 Licence has been or sliall be granted to Two or more Persons, and before the Expi- 
 ration thereof any or either of such Persons shall die, leaving the other or others 
 surviving, such Licence shall remain in force and have the same Efiiect ;is if 
 granted to such Survivors or Survivor. 
 
 In case of a licensed House being taken for public Purposes, or accidentally rendered 
 unfit, or of the Keeper wishiny to transfer his Patients to a new House. 
 
 XL. And be it enacted. That if any licensed House shall be pulled down or 
 occupied under the Provisions of any Act of Parliament, or shall by Fire, Ttmpest, 
 or other Accident be rendered unfit for the Accommodation of Lunatics, or if the 
 Person keeping such House shall desire to transfer the Patients to another House,
 
 182 APPENDIX. 
 
 it shall be lawful for the Commissioners (if the new House shall be within their 
 immediate Jurisdiction), at any quarterly or other Meeting, or for any Two or 
 more of the Visiting Justices for the County or Borough within which the new 
 House is situate, as the Case may be, upon the Payment to the Secretary of the 
 Commissioners or the Clerk of the Peace, as the Case may be, of not less than 
 One Pound for the Licence (exclusive of the Sum to be paid for the Stamp), to 
 grant to the Person whose House has been so pulled down, occupied, or so ren- 
 dered unfit, or who shall desire to transfer liis Patients as aforesaid, a Licence to 
 keep such other House fir the Reception of Lunatics, for such Time as the Com- 
 missioners or the said Justices, as the Case may be, shall think fit : Provided 
 always, that the same Notice of such intended Change of House, and the same 
 Plans and Statements and Descriptions of and as to such intended new House, 
 shall be given as are required when Application is first made for a Licence for 
 any House, and shall be accompanied by a Statement in Wiiting of the Cause of 
 such Change of House ; and that, except in Cases in which the Change of House is 
 occasioned by Fire or Tempest, Seven clear Days previous Notice of the intended 
 Removal shall be sent by the Person to whom the Licence for keeping the 
 original House shall have been granted, to the Person who signed the Order for 
 the Reception of each Patient, not being a Pauper, or the Person by whom 
 the last Payment on account of such Patient shall have been made, and to ihe 
 Relieving Officer or Overseer of the Union or Parish to which each Patient 
 being a Pauper is chargeable, or the Person by whom the last Payment on account 
 of such Patient shall have been made. 
 
 Poiver of Revocation of Licences granted hy Justices. 
 
 XLI. And be it enacted, That if a Majority of the Justices of any County or 
 Borough in General or Quarter Sessions assembled, shall recommend to the Lord 
 Chancellor, that any Licence granted by the Justices for such County or Borough, 
 either before or after the passing of this Act, shall be revoked, it shall be lawful 
 for the Lord Chancellor to revoke the same by an Instrument under his Hand 
 and Seal, such Revocation to take effect at a Period to be named in such Instru- 
 ment, not exceeding Two Calendar Months from the Time a Copy or Notice 
 thereof shall have been published in the ^'London Gazette;" and a Copy or 
 Notice of such Instrument of Revocation shall be published in the " London 
 Gazette," and shall before such Publication be transmitted to the Person to 
 whom such Licence shall have been granted, or to the resident Superintendent 
 of the licensed House, or be left at the licensed House : Provided always, that 
 in case of any such Revocation being recommended to the Lord Chancellor, 
 Notice thereof in Writing shall. Seven clear Days previously to the Transmission of 
 such Recommendation to the Lord Chancellor, be given to the Person tlie Revo- 
 cation of whose Licence shall be recommenced, or to the resident Superiutendent 
 of the licensed House, or shall be left at the licensed House. 
 
 Power of Revocation and of Prohibition of Renewal of Licences granted hy the 
 Commissioners or by Justices. 
 
 XLII. And be it enacted, That if the Commissioners shall recommend to the 
 Lord Chancellor that any Licence granted either by the Commissioners or by any 
 Justices, either before or after the passing of this Act shall be revoked or shall 
 not be renewed, it shall be lawful for the Lord Chancellor, by an Instrument under 
 his Hand and Seal to revoke or prohibit the Renewal of such Licence ; and in the 
 Case of a Revocation the same shall take efl:'ect at a Period to be named in 
 such Instrument, not exceeding Two Calendar Months, from the Time a Copy or 
 Notice thereof shall have been published in the "London Gazette y and a Copy 
 or Notice of such Instrument of Revocation shall be published in the ''London 
 Gazette," and shall before such Publication be transmitted to the Person to whom 
 such Licence shall have been granted, or to the resident Superintendent of the 
 licensed House, or shall be left at the licensed House : Provided always, that in 
 case of any such Revocation or Prohibition to renew being recommended to the 
 Lord Chancellor, iNiotice thereof in Writing shall, Seven clear Days previously to
 
 APPENDIX. 183 
 
 the Transmission of such Recommenflation to the Lord Chancellor, be given to 
 the Person the Revocation or Prohibition of Kenewal of whose Licence sliall be 
 recomnieiitled, or to the resident Superintendent of the licensed House, or ehali 
 be left at the licensed House. 
 
 Hospitals receiving Lunatics to have their Regulations printed and a resident 
 Medical A ttendant, and to be registered. 
 
 XLIII. And be it enacted, Tliat the Regulations as to Lunatics of every Hos- 
 pital in whicii Lunatics are or shall be received shall be printed, and complete 
 Copies thereof shall be sent to the Commissioners, and also kept hung up in the 
 Visitors Room of such Hospital ; and that every such Hospital siia 1 have a 
 Physician, Surgeon, or Apothecary resident therein, as the Superintendent and 
 Medical Attendant thereof ; and such Superintendent shall immediately afttr the 
 passing of this Act (or immediately after the Establishment of such Hospital, as 
 the Case may be,) apply to the Commissioners to have such Hospital registered, 
 and thereupon such Hospital sh;*!! be registered in a Book to be kept for that 
 Purpose by the Commissioners ; and in case tlie Superintendent of any such Hos- 
 pital shall at an}' time omit to have Copies of sucli Regulations sent or hung up as 
 aforesaid, or to apply to have such Hospital registered as aforesaid, he shall for 
 evei-y such Omission forfeit a Sum not exceeding Twenty Pounds. 
 
 No Hov^e to he kept for the Reception of Two or More Lunatics uithout a Licence. 
 
 XLIV. And be it enacted, That after the passing of this Act it shall not be 
 lawful for any Person to receive Two or more Lunatics into any House, unle-s such 
 House shall l)e an Asylum or an Hospital registered under this Act, or a House 
 for the Time being duly licensed under this Act, or One of the Acts hereinbefore 
 repealed; and any Person who shall receive Two or more Lunatics into any House 
 other than a House for the Time being duly licensed as aforesaid, or an Asylum 
 or an Hospital duly registered under this Act, shall be guilty of a Misdemeanor. 
 
 N^o Person (not a Pauper) to be received without an Order and Medical Certificate. 
 
 XLV. And be it enacted. That no Person (not a Pauper), whether being or 
 represented to be a Lunatic, or only a Boarder or Lodger, in respect of whom any 
 ^loney shall be received or agreed to be received for Board, Lodging, or any other 
 Accommodation, shall be received into or detained in any licensed House, and no 
 Person (not a Pauper) shall be received into or detained as a Lunatic in any Hos- 
 pital, without an Order under the Hand of some Person according to the Form and 
 stating the Particulars required in Schedule (B.) annexed to this Act, nor without 
 the Medical Certificates, according to the Form in Schedule (C.) annexe! to this 
 Act, of Two Physicians, Surgeons, or Apothecaries who shall not be in Partnership, 
 and each of whom shall separately from the other have personally examined the 
 Person to whom it relates, not more than Seven clear Days ]irevii)usly to the 
 Reception of such Person into such House or Hospital, and shall have signed and 
 dated the same on the Day on which such Person shall have been so examined ; 
 and every Person who shall receive or detain any such Person as aforesaid in any 
 such House or Hospital as aforesaid, without such Order and Medical Certificates 
 as aforesaid, and any Physician, Surgeon, or Apothecary who shall knowingly sign 
 any such Medical Certificate as aforesaid which shall untruly state any of tlie 
 Particulars required by this Act, shall be guilty of a Misdemeaaor. 
 
 Medical Practitioner signing such Certijicite to specify Facts upon which 
 Opinion formed. 
 
 XLVI. Provided always, and be it enacted, That every Physician, Surgeon, or 
 Apothecary signing such Certificate shall specify therein any Fact or Facts 
 (whether arising from his own Observation or from the information of any other 
 Person) upon which he has formed his Opinion that the Person to whom such 
 Certificate relates is a Lunatic or an Insane Person, or an Idiot, or a Person of 
 unsound Mind.
 
 184 APPENDIX. 
 
 Proviso that in certain Cases a Person may be received on a Certificate signed 
 bi/ One Medical Practitioner only. 
 
 XLVII. Provided always, nevertheless, and be it enacted, That any Person 
 (not a Pauper) may, under special Circumstances, be received into any such House 
 or Hospital as aforesaid, upon such Order as aforesaid, with the Certificate of 
 One Physician, Surgeon, or Apothecary alone, provided that such Order state the 
 special Circumstances which have prevented the Person from being examined by 
 Two ISIedical Practitioners ; but in every such Case another such Certificate shall 
 be signed by some other Physician, Surgeon, or Apothecary not being connected 
 with any such House or Hospital, who shall have especially examined such Person 
 within Three Days after his Reception into such House or Hospital ; and every 
 Person who, having received any Person into any House or Hospital as aforesaid 
 upon the Certificate of One Medical Practitioner alone as aforesaid, shall keep or 
 permit such Person to remain in such House or Hospital beyond the said Period of 
 Three Days without such further Certificate as aforesaid, shall be guilty of a Mis- 
 demeanor. 
 
 No Pauper to be received into any House or Hospital for Lunatics without 
 a certain Order and Certificate, 
 
 XLVIII. And be it enacted, That no Pauper shall be received into or detained 
 in any licensed House, or any Hospital, without an Order and Statement according 
 to the Form and stating the Particulars required in Schedule (D.) annexed to this 
 Act, under the Hands of One Justice or an Officiating Clergyman, with the Relieving 
 Officer or One of the Overseers of the Union or Parish from which such Pauper shall 
 be sent, (which said Justice or which said Clergyman and Relieving Officer or Over- 
 seer, as the Case may be, shall have personally examined sucli Pauper previously 
 to signing such Order,) nor without a Medical Certificate according to the Form in 
 the said Schedule (D.) annexed to this Act, and dated not more than Seven clear 
 Days previously to the Reception of such Pauper into such House or Hospital ; 
 and every such Certificate shall be signed by a Physician, Surgeon, or Apothecary 
 (not being the Medical Officer of such Parish or Union) on the Day whereon he 
 shall examine such Pauper ; and every Person who shall receive any Pauper into 
 any such House or Hospital as aforesaid withi)Ut such Order and Medical Certifi- 
 cate as last aforesaid shall be guilty of a Misdemeanor. 
 
 No Medical Practitioner vjho is interested in or attends a licensed House or Hospital 
 to sign a Certificate for A dmission of a Patient into such Place. 
 
 XLTX. And be it enacted, That no Physician, Surgeon, or Apothecary who, 
 or whose Father, Brother, Son, or Partner, is w'hoUy or partly the Proprietor of or a 
 regular professional Attendant in a licensed House or an Hospital, shall sign any Cer- 
 tificate for the Reception of a Patient into such House or Hospital; and no Physician, 
 .Surgeon, or Apothecary who, or whose Father, Brother, Son, or Partner, shall 
 sign the Order herein-before required for the Reception of a Patient, shall sign any 
 Certificate for the Reception of the same Patient ; and any Physician, Surgeon, or 
 Apothecary who shall sign any Certificate contrary to any of the Provisions herein- 
 before contained, or without having complied with all the Provi.-ions hereby 
 required in the Case of the I'atient to whom the same shall relate, or who shall 
 in such Certificate describe his Medical Qualification untruly, or shall untruly state 
 anything therein, shall be guilty of a Misdemeanor. 
 
 Every Person receiving a Person as a Lunatic into any House or Hospital 
 to make an Entry thereof in a certain Form. 
 
 L. And be it enacted, That every Proprietor or Superintendent who shall 
 receive any Patient into any licensed House or any Hospital shall, within Two 
 Days after the lieception of such Patient, make an Entry with respect to 
 such Patient in a Book to be kept for that Purpose to be called " The Book 
 of Admissions," according to the Form and containing the Particulars required 
 in Schedule (E.) annexed to this Act, so far as he can ascertain the same,
 
 APPENDIX. 185 
 
 except as to the Form of the mental Disorder, and except also as to the Dis- 
 charge or Death of the Patient, which shall be made when the same shall 
 happen ; and every Person who shall so receive any such Patient, and shall 
 not witliin Two Days thereafter make such Entry as aforesaid (except as afore- 
 said), shall forfeit a Sum not exceeding Two Pounds ; and every Person who 
 shall knovvinifly and willingly in any such Entry untruly set forth any of the 
 Particulars shall be guilty of a Misdemeanor. 
 
 Form of Patient's Disorder to he entered in, " The Booh of Admissions" by 
 the Medical Attendant. 
 
 LI. And be it enacted, That the Form of the mental Disorder of eveiy 
 Patient received into any licensed House or any Hos])ital shall within Seven Days 
 after his IJeception be entered in the said Book of Admissions by the Medical 
 Attendant of such House or Hospital ; and every such Medical Attendant who 
 shall omit to make any such Eutry within the Time aforesaid shall for every such 
 Offence forfeit a Sum not exceeding Two Pounds. 
 
 Every Person receiving a Patient into any House or Hospital to transmit a Notice 
 thereof to the Commissioners, and if within the Jurisdiction of any Visitors, then 
 also to the Clerk of such Visitors. 
 
 LTI. And be it enacted, That the Proprietor or resident Superintendent of 
 every licensed House (whether licensed by the Commissioners or by any Justices), 
 and the Superintendent of every Hospital, shall, after Two clear Days, and before 
 the Expiration of Seven clear Days from the Day on which any Patient shall have 
 been received into such House or Hospital, transmit a Copy of the Order and 
 Medical Certificates or Certificate on which such Person shall have been received, 
 and also a Notice and Statement according to the Form in Schedule (F.) annexed 
 to this Act, to the Commissioners ; and the Pro])rietor or resident Superintendent 
 of every House licensed within the Jurisdiction of any Visitors shall also within 
 the same Period transmit another Copy of such Order and Certificates or Certifi- 
 cate, and a Duplicate of such Notice and Statement, to the Clerk of the Visitors ; 
 and every Proprietor or Sujierintendent of any such House or Hospital who sliali 
 neglect to transmit such Copy, Notice, or Statement to the Commissioners, or 
 (where the same is required) to the Clerk of the Visitors, shall be guilty of a 
 Misdemeanor. 
 
 N^olices to be given in case of the Escape of any Patient, and of 
 his being brought back. 
 
 LIII. And be it enacted, That whenever any Patient shall escape from any 
 licensed House or any registered Hospital the Proprietor or Superintendent of 
 such House or Hospital shall within Two clear Days next after such Escape 
 transmit a written Notice thereof to the Commissioners, and if such House be 
 within the Jurisdictiou of any Visitors then also to the Clerk of such Visitors ; 
 and such Notice shall state the Christian and Surname of the Patient who has so 
 escaped, and his then State of Mind, and also the Circumstances connected with 
 such Escape; and if such Patient shall be brought back to such House or Hospital 
 such Proprietor or resident Superintendent shall, within Two clear Days next after 
 such Person shall be so brought back, transmit a written Notice thereof to the 
 Commissioners, and also, if such House be within the Jurisdiction of an^' ^ isitors, 
 to the Clerk of such Visitors; and such Notice shall sUite when such Person was 
 so brought back, and the Circumstances connected therewith, and whether with or 
 without a fresh Order and Certificates or Certificate ; and every Proprietor or 
 resident Superintendent omitting to transmit such Notice, whether of Escape or of 
 lleturn, shall for every such Omission forfeit a Sum not exceeding Ten Pounds. 
 
 Entry to be made, and Notice given, in case of the Death, Discharge, or 
 Removal of any Patient. 
 LIV. And be it enacted, That whenever any Patient shall be removed or dis- 
 charged from any licensed House or any Hospital, or shall die therein, the Pro-
 
 186 APPENDIX. 
 
 prietor or Superintendent of such House or Hospital shall, within Two clear Days 
 next after such Removal, Discharge, or Death, make an Entry thereof in a Book 
 to be kept for that Purpose according to the Form and stating the Particulars in 
 Schedule (G. 1.) annexed to this Act, and shall also within the same Two Days 
 transmit a written Notice thereof, and also of the Cause of his Death, to the 
 Commissioners, and also, if such House shall be within the Jurisdiction of any 
 Visitors, to the Clerk of such Visitors, according to the Form and containing the 
 Particulars in Schedule (G. 2.) annexed to this Act; and every Proprietor or 
 Superintendent of any such House or Hospital who shall neglect to make such 
 Entry or transmit such Notice or Notices, or shall therein set forth anything 
 untruly, shall be guilty of a Misdemeanor. 
 
 In case of the Death of a Patient, a Statement of the Cause of Death to he trans- 
 mitted to the Commissioners, and, if within the Jurisdiction of any Visitors, to 
 the Clerk of the Visitors also, 
 
 LV. And be it enacted, That in case of the Death of any Patient in any 
 licensed House or any Hospital, a Statement of the Cause of the Death of such 
 Patient, with the Name of any Person present at the Death, shall be drawn up and 
 siyned by the Medical Attendant of such House or Hospital, and a Copy thereof, 
 duly certified by the Proprietor or Superintendent of such House or Hospital, shall 
 by him be transmitted to the Commissioners, and also to the Person signing tlie 
 Order for such Patient's Confinement, and to the Registrar of Deaths for the 
 District, and if such House be within the Jurisdiction of any Visitors, then also 
 to the Clerk of such Visitors, within Forty- eight Hours after the Death of such 
 Patient ; and every Medical Attendant, Proprietor, or Superintendent who shall 
 neglect or omit to draw up, sign, certify, or transmit such Statement as aforesaid 
 shall for every such Neglect or Omission forfeit and pay a Sum not exceeding 
 Fifty Pounds. 
 
 Abuse or Ill-treatment or {in certain Cases) Neglect of a Patient to be a 
 Misdemeanor. 
 
 LVI. And be it enacted. That if any Superintendent, Ofiicer, Nurse, Attendant, 
 Servant, or other Person employed in any licensed House or registered Hospital 
 sliall in any way abuse or ill-treat any Patient confined therein, or shall wilfully 
 neglect any such Patient, he shall be deemed guilty of a Misdemeanor ; and that 
 in the event of the Release of any Person from Confinement in any Asylum or 
 private House wiio shall consider himself to have been unjustly confined, a Copy of 
 the Certificates and Order uj)on which he has been confined shall at his Request 
 he furnished to him or to his Attorney by the Clerk to the Commissioners, without 
 any Fee or Reward for the same ; and it sliall be lawful for the Home Secretary, 
 on the Report of the Commissioners, or Visitors of any Asylums, to direct Her 
 Mnjesty's Attorney General to prosecute on the part of the Crown any Person who 
 shall have been concerned in tiie unlawful taking or Confinement of any of Her 
 Majesty's Subjects as an Insane Patient, and likewise any Person who shall have 
 been concerned iu the Neglect or Ill-treatment of any Patient or Person so confined. 
 
 Horises having 1 00 Patients to have a resident Medical A ttendant, and 
 Houses having less to be visited by a Medical A ttendant. 
 
 LVII. And be it enacted, That in every House licensed for One hundred 
 Patients or more there shall be a Physician, Surgeon, or Apothecary resident as 
 the Superintendent or Medical Attendant thereof ; and that every House licensed 
 for less than One hundred and more than Fifty Patients (in case such House shall 
 not be kejjt by or have a resident Physician, Surgeon, or Apothecary,) shall be 
 visited daily by a Physician, Surgeon, or Apothecary ; and that every House 
 licensed for less than Fifty Patients (in case such House shall not be kept by or 
 have a resident Physician, Surgeon, or Apothecary,) shall be visited twice in every 
 Week by a Physician, Surgeon, or Apothecary : Provided always, that it shall be 
 lawful for the Visitors of any licensed House to direct that such House, and for
 
 APPENDIX. 187 
 
 the Commissioners to direct that any licensed House shall be visited by a 
 Physician, Sur:iec)(i, or Apothecary at any other Time or Times, not being oftener 
 than once in every Day. 
 
 The Commissioners and Visitors, in Houses licensed for less than 11 Persons, may 
 lessen the Number of Medical Visits. 
 
 LVIII. Proviiied always, and be it enacted, That when any House ia 
 licensed to receive less than Eleven Lunatics, it shall be lawful for any Two of the 
 Commissioners or any Two of the Visitors of sucli House, if they siiall respectively 
 so think fit, by any Writing un.ter their Hands, to permit that such House sliall 
 be visited by a Puysician, Surgeon, or Apothecary at such Intervals more distant 
 than twice in every Week as such Coinmissionets or Visitors shall appoint, but not 
 at a greater Interval than once in every Two Weeks, 
 
 A Booh to be kept, to be called " The Medical Visita>ion Booh," in which a weehhj 
 Entry is to be made, showing the Condition of the House and of the Patients. 
 
 LIX. And be it enacted, That every Physician, Surgeon, or Apothecary, where 
 there shall be only One, keeping or residini; in or visiting any licensed House or 
 any Hosjiital, and where there shall be Two or more Pliy>-icians, Surireons, or 
 Apothecaries keeping or residing in or visiting any licensed House or any Hospital, 
 then One at least of such Physicians, Surgeons, or Apothecaries, shall once in 
 every Week (or, in the t.'ase of any House at which Visits at more distant Intervals 
 than once a Week are permitted, on every Visit), enter and sign in a Book to be 
 kept at such House or Hospital for that Purpose, to be called " The Medical Visita- 
 tion Book," a lleport, showing the Date thereof, and also the Number, Sex, and 
 State of Health of all the Patients then in such Hou^ie or Hospital, the Chrisliaa 
 and Surname of every Patient who shall have been under Restraint, or in Seclu- 
 sion, or under Medical Treatment, since the Date of the last preceding Report, 
 the Condition of the House or Hospital, and every Death, Injury, and Act of 
 Violence which shall have happened to or affected any Patient since the then last 
 preceding Report, according to the Form in Schedule (H.) annexed to this Act ; 
 and every such Pliysician, Surgeon, or Apothecai-y who shall omit to enter or sign 
 such Report as aforesaid shall for every such Omission forfeit and pay the Sum of 
 Twenty Pounds ; and every such Physician, Surgeon, or Apothecary who shall in any 
 such Report as aforesaid enter anything untruly shall be guilty of a Misdemeanor. 
 
 A Medical Case Booh to be hept. 
 
 LX. And be it enacted. That there shall be kept in every licensed House and 
 in every Hospital a Book to be called "The Case Book," in which the Physician, 
 Surgeon, or Apothecary keeping or residing in or visiting such House or Hospital 
 shall from Time to Titne make Entries of the ment il State and bodily Condition 
 of each Patient, together with a correct Description of the Medicine and other 
 Remedies prescribed for the Treatment of his Disorder ; and that it shall be 
 lawful for the Commissioners from Time to Time, by any Order under their 
 Common Seal, to direct the Form in which such Case liook shall be kept by such 
 Physician, Surgeon, or Apothecary ; and immediately after a Copy of such Order 
 shall have been transmitted by the Secretary of the Commissioners to such Physi- 
 cian, Surgeon, or Apothecary ; such Physician, Surgeon, or Apothecary shall 
 thereupon keep such Case Book in the Form vvliich shall be directed by such 
 Order ; and that it shall be lawful for the Commissioners (whenever tiiey shall 
 see tit) to recjuire, by an Order in Writing under their Common Seal, such Physician, 
 Surgeon, or Apothecary to transmit to the Commissioners a correct Copy of the 
 Entries or Entry in any Case Book kept under the Provisions of th s Act, rela- 
 tive to the Case of any Lunatic who is or may have been confined in any such 
 licensed House or Hospital ; and every such Physician, Surgeon, or Apothecary 
 who shall neglect to keep the said Case Book, or to keep the same ac ording to 
 the Form directed by the Commissioners, or to transmit a ('opy of the said Entry 
 or Entries, pursuant to such Order or Orders as aforesaid, shall for every such 
 Neglect forfeit any Sum not exceeding Ten I'ouuds.
 
 188 APPENDIX. 
 
 All licensed Mouses and Hospitals to be visited by the Commissioners. 
 
 LXT. And be it enacted, That every licensed House shall, without any pre- 
 vious Notice, be visited b^' Two at least of the Commissioners (one of whom shall 
 be a Physician or Surgeon, and the other a Barrister), Four Times at the least 
 in every Year, if such House shall be within the immediate Jurisdiction of the 
 Commissioners, and if not, twice at least in every Year ; and every Hospital in 
 which Lunatics shall be received shall, without any previous Notice, be visited by 
 Two at least of the said Connnissioners, (one of whom shall be a Physician or 
 Surgeon, and the other a Barrister), once at least in every Year ; and every 
 such Visit shall be made on such Day or Days, and at such Hours of the 
 Day, and for such Length of Time as the Visiting Commissioners shall think 
 fit, and also at such other Times (if any) as the said Commissioners in Lunacy 
 shall direct ; and such Visiting Commissioners, when visiting such House or 
 Hos[>ital, may and shall inspect every Part of such House or Hospital, and every 
 Outhouse, Place, and Building communicating with such House or Hospital, or 
 detached therefrom, but not separated by Ground belonging to any other Person, 
 and every Part of the Ground or Appurtenances held, used, or occupied therewith, 
 and see every Patient then confined in such House or Hospital, and inquire whether 
 any Patient is under Restraint, and why, and inspect the Order and Certificates or 
 Certificate for the Reception of every Patient who shall have been received into 
 such House or Hospital since the last Visit of the Commissioners, and in the Case 
 of any House licensed by Justices shall consider the Observations made in the 
 Visitors Book for such House by the Visitors appointed by the Justices, and enter 
 in the Visitors Book of such House or Hospital a Minute of the then Condition of 
 the House or Hospital, and of the Patients therein, and the Number of Patients 
 under Restraint, with the Reasons thereof, as stated, and such Irregularity (if any) 
 as may exist in any such Order or Certificates as aforesaid, and also whether the 
 previous Suggestions (if any) of the Visiting Commissioners or Visitors have or 
 have not been attended to, and any Observations which they may deem proper as 
 to any of the Matters aforesaid or otherwise, and also, if such Visit be the first 
 after the granting a Licence to the House, shall examine such Licence, and if the 
 same be in conformity with the Provisions of this Act, sign the same, but if it be 
 informal enter in such Visitors Book in what respect such Licence is informal : 
 Provided also, that it shall be lawful for the Lord Chancellor, on a Representation 
 by the Commissioners setting forth the Expediency of such Alteration, by any 
 Writing under his Hand, to direct that any House licensed by Justices shall 
 (during such Period as he shall therein specify, or until such his Direction shall be 
 revoked), be visited by the Commissioners once only in the Year, and also to direct 
 that any House licensed by the Commissioners, and not receiving any Pauper 
 Patients therein, shall (during such Period as he shall therein specify, or until such 
 his Direction shall be revoked), be visited by the Commissioners twice only in the 
 Year. 
 
 Licensed Houses not within the immediate Jurisdiction of the Commissioners 
 to be inspected Four Times a Year at least by the Visitors. 
 
 LXII. And be it enacted. That every licensed House within the Jurisdiction 
 of any Visitors appointed by Justices shall be visited by Two at least of the said 
 Visitors (one of wliom shall be a Physician, Surgeon, or Apothecary,) Four Times 
 at the least in every Year, on such Days, and at such Hours in the Day, and for 
 such Length of Time as the said Visitors shall think fit, and also at such other 
 Times (if any) as the Justices by whom such House shall have been licensed shall 
 direct ; and such Visitors when visiting any such House may and shall inspect 
 every Part of such House, and every House, Outhouse, Place, and Building com- 
 municating therewith or detached therefrom, but not separated by Ground belonging 
 to any other Person, and every Part of the Ground or Appurtenances held, used, 
 or occupied therewith, and see every Patient then confined therein, and inquire 
 whether any Patient is under Restraint, and why, and inspect the Order and 
 Certificates or Certificate for the Reception of every Patient who shall have been 
 received into such House since the last Visit of the Visitors, and enter in the
 
 APPENDIX. 189 
 
 Visitors Book a Minute of the then Condition of the House, of the Patients 
 therein, and the Number of Patients under Restraint, with the Reasons thereof as 
 stated, and such Irregularity (if any) as may exist in any such Order or Certificates 
 as aforesaid, and also whether the previous Suggestions (if any) of the Visitors or 
 Visiting Commi^s8ioners have or have not been attended to, and any Observations 
 which they may deem proper as to any of the Matters aforesaid or otherwise. 
 
 The Proprietor or Superintendent of every House and Hospital to shoiv every Part 
 and every Patient to the Visiting Commissioners and Visitors. 
 
 LXIII. And be it enacted, That the Proprietor or Superintendent of every 
 licensed House or Hospital shall show to the Commissioners and Visitors respec- 
 tively visiting the same every Part thereof respectively, and every Person detained 
 therein as a Lunatic ; and every Proprietor or Superintendent of any licensed 
 House or any Hospital who shall conceal or attempt to conceal, or shall 
 refuse or wilfully neglect to show, any Part of such House or Hospital, or any 
 House, Outhouse, Place, or Building communicating therewith or detached 
 therefrom, but not separated as aforesaid, or any Part of the Ground or Appur- 
 tenances held, used, or occupied therewith, or any Person detained or being therein 
 from any Visiting Commissioners or Visitors, or from any Person authorized under 
 any Power or Provision of this Act to visit and inspect such House or Hospital, 
 or the Patients confined therein or any of them, shall be guilty of a Misdemeanor. 
 
 Inquiries to be made by the Commissioners and Visitors on their several 
 Visitations, 
 
 LXIV. And be it enacted, That the Visiting Commissioners and Visitors 
 respectively, upon their seventl Visitations to every licensed House and to every 
 Hospital, shall inquire when Divine Service is performed, and to what Number of 
 the Patients, and the Effect thereof ; and also what Occupations or Amusements 
 are provided for the Patients, and the Result thereof; and whether there has been 
 adopted any System of Non-coercion, and, if so, the Result thereof ; and also as to 
 the Classification of Patients ; and also as to the Condition of the Pauper Patients 
 (if any) when first received ; and also as to the Dietary of the Pauper Patients 
 (if any) ; and shall also make such other Inquiries as to such Visiting Commissionei's 
 or Visitors shall seem expedient; and every Pro[)rietor or Superintendent of a licensed 
 House or an Hospital who shall not give full and true Answers to the best of his 
 Knowledge to all Questions which the Visiting Commissioners and Visitors respec- 
 tively shall ask in reference to the INIatters aforesaid shall be guilty of a Misdemeanor. 
 
 Books and Documents to be produced to Visiting Commissioners and Visitors. 
 
 LXV. And be it enacted. That upon every Visit of the Visiting Commissioners 
 to any licensed House or to any Hospital, and upon every Visit of the Visitors to 
 any licensed House, there shall be laid before such Visiting Commissioners or 
 Visitors (as the Case may be), by the Proprietor or Superintendent of such licensed 
 House or of such Hospital, a List of all the Patients then in such House or Hospital 
 (distinguishing Pauper Patients from otht r Patients, and Males from Females 
 and specifying such as are deemed curable), and also the several Books by this Act 
 required to be kept by the Proprietor or Superintendent and by the Me<lical 
 Attendant of a licensed House or an Hospital, and also all Orders and Certificates 
 relating to Patients admitted since the last Visitation of the Commissioners or 
 Visitors (as the Case may be), and also, in the Case of a licensed House, the 
 Licence then in force for such House, and also all such other Orders, Certificates, 
 Documents, and Papers relating to any of the Patients at any Time received into 
 such licensed House or Hospital as the Visiting Commissioners or Visitors shall 
 from Time to Time require to be produced to them ; and the said Visiting Com- 
 missioners or Visitors, as the Case may be, shall sign the said Books as havinw 
 been produced to them.
 
 190 APPENDIX. 
 
 A Book to he Tcept, called " Tlie Visitors Book,'' for the Result of Tnspection and In- 
 quiries ; and a Book called " The Patients Book," for Observations as to State of 
 Patients. 
 
 LXVI. And be it enacted, That there shall be hung up in some conspicuous 
 Part of every licensed House a Copy of the Plan given to the Commissioners or 
 Justices on applying for the Licence for such House ; and that there shall be 
 kept in every licensed House and in every Hospital in which Lunatics sliall be 
 received a Queen's Printer's Copy of this Act, bound up in a Book to be called 
 "The Visitors Book," and that the said Visiting Commissioners and Visitors 
 respectively shall at the Time of their respective Visitations enter therein the 
 Result of the inspections and Inquiries herein-before directed or authorized to be 
 made by them respectively, with sucli Observations (if any) as they shall think 
 proper ■ and that there shall also be kept in every such House and Hospital a 
 Book to be called "The Patients Book,"and that the said Visiting Commissioners and 
 Visitors respectively shall at the Times of their respective Visitations enter therein 
 such Observations as they mav think fit respecting the State of Mind or Body of 
 any Patient in such House or Hospital. 
 
 Proprietor or resident Superintendent to transmit all Entries hy Visitors and Visiting 
 Commissioners to the Clerk of the Visitors and to the Commissioners. 
 
 LXVII And be it enacted. That the Proprietor or resident Superintendent 
 of every licensed House and of every Hospital shall, within Three Days after every 
 such Visit by the Visiting Commissioners as aforesaid, transmit a true and perfect 
 Copy of the Entries made by them in "The Visitors Book," "The Patients Book," 
 and "The Medical Visitation Book," respectively (distinguishing the Entries in 
 the several Books) to the Commissioners, and shall within Three Days after every 
 such Vi.sitation by the Visitors, transmit a true and perfect Copy of the Entries 
 made by them as aforesaid (distinguished as aforesaid) to the Commissioners and 
 also to the Clerk of the Visitors ; and the Copies so transmitted to the Clerk of 
 the Visitors of all such Entries relating to any licensed House, and made since the 
 Grant or last Renewal oF the Licence thereof, shall be laid before the Justices on 
 taking into consideration the Renewal of the Licence to the House to which such 
 Entries shall relate ; and every such Proprietor or Superintendent as aforesaid 
 who shall omit to transmit, as liereinbefore directed, a true and perfect Copy of 
 every or any such Entry as aforesaid, shall for every such Omission forfeit a Sum 
 not exceeding Ten Pounds. 
 
 Commissioners visiting a House licensed hy Justices to make an Entry in the Patients 
 Book as to the State of Mind of any doubtful Patient, and the same to be 
 sent to the Clerk of the Visitors, who are thereupon to visit such Patient. 
 
 LXVIIT. And be it enacted, That the Commissioners visiting any House 
 licensed by Justices shall carefully con-ider and give special Attention to the State 
 of Mind of any Patient therein confined, as to the Propriety of whose Detention 
 they shall doubt (or as to whose Sanity their Attention shall be specially called), 
 and shall, if they shall think that the State of Mind of such Patient is doubtful, 
 and that' the Propriety of his Detention requires further Consideration, make 
 and si'ai a Minute thereof in the Patients Book of such House ; and a true and 
 perfect' Copy of every such Minute shall, within Two clear Days after the same 
 shall have been made, he sent by the Proprietor or Superintendent of such House 
 to the Clerk of the Visitors of such House, and such Clerk shall forthwith com- 
 municate tiie same to the said Visitors, or some Two of them, (of whom a Physi- 
 cian Surs^eon, or A(>otliecary shall be One), and such Visitors shall thereupon 
 immediately visit such Patient and act as they shall see fit ; and every such 
 Proprietor or Superintendent who shall omit to send a true and ]ierfect Copy, as 
 hereinbefore directed, of every or any such last-mentioned Minute, and every 
 Clerk who shall neglect to communicate the same to Two of the Visitors as afore- 
 said, shall be guilty of a Misdemeanor.
 
 APPENDIX. 191 
 
 Visiting Commissioners to report on every House and Hospital not within 
 their immediate Jurisdiction. 
 
 LXIX. And be it enacted, That the Visiting Commissioners aluU after every 
 Visitation liy them to every liceii.sf;d House not being within their immediate 
 Jurisdiction, and to every Hospital, report in Writing tiie general Result of their 
 Inspection thereof (together with such special Circumstances, if any, as they may 
 deem proper to notice), to the Commissioners, and the Secretary of the Commis- 
 sioners shall thereupon enter the same in a Book to be kept for that Purpose. 
 
 Power for the Commissioners or any Five of them to make Rules. 
 
 LXX. And be it enacted, Tiiat it shall be lawful for the Commissioners or any 
 Five of them, at any Quarterly or Sjiecial Meedng, by any Resolution or Resolutions 
 under their Common Seal, or to he et)tere<l in a Book to bekept for that Purpose, and 
 signed by Five at least of the Coiiiiiiissioncrs present at such Meeting, from Time 
 to Time to make such Orders and Rules as they shall think fit for regulating the 
 Duties of the Commissioners or any of them, or of their Secretary, Clerks, and 
 Servants, or for the due or better Performance of the Business of the Commission : 
 Provided nevertheless, that the Secretary of the Commissioners shall give to every 
 Commissioner, so far as Circumst inces will admit, not less than Seven Days Notice 
 of every such Special Meeting, and shall in the Summons for such Special Meeting 
 state the Purposes for which the same is intended to be held. 
 
 Power in certain Cases to visit by Night. 
 
 LXXI. And be it enacted, That it shall be lawful for any Two or more of the 
 Commissioners, or any Two Visitors, to visit and to inspect any licensed House or 
 Hospital at such Hour of the Night as tht-y shall think fit : Provided nevertheless, 
 that no such Visitor shall n)ake any such Visitation or Inspection e.>ccept of a 
 licensed House within their Jurisdiction. 
 
 The Person who signed the Order for the Reception of a private Patient may 
 order his Discharge or Removal. 
 
 LXXII. And be it enacted. That if and when any Person who signed the 
 Order on which any Patient (not being a Pauper) was received into any licensed 
 House or into any Hospital shall by Writing under his Hand direct that such 
 Patient shall be discharged or removed, then and in such Case such Patient shall 
 forthwith be discharged or removed, as the Person who signed the Order for his 
 Reception shall direct. 
 
 Provision for the Discharge of a private Patient lohen the Person who signed the 
 Order for his Reception is incapable. 
 
 LXXIII. And be it enacted, That if the Person who signed the Order on 
 ■which any Patient (not being a Pauper) was received into anj' licensed House or 
 into any Hospital be incapable by reason of Insanity or Absence from England, or 
 otherwise, of giving an Order for the Discharge or Removal of such Patient, or if 
 such Person be dead, then and in any of such Cases the Husband or Wife of such 
 Patient, or if there be no such llusbaml or Wife, the Father of such Patient, or if 
 there be no Father, the Mother of such Patient, or if there be no Mother, then 
 any one of the nearest of Kin for the Time being of such Patient, or the Person 
 who made the last Payment on account of such Patient, may by any Writing 
 under his or her Hand give such Direction as aforesaid for the Discharge or Re- 
 moval of such Patient, and thereupon such Patient shall be forthwith discharged 
 or removed as the Person giving such Direction shall direct. 
 
 Mode of Removal or Discharge of Pauper Patients. 
 
 LXXIV. And be it enacted, Tli;it tlie Guardians of any Parish or Union may 
 by a Minute of their Board, or an Officiating Clergyman of any Parish not under
 
 192 APPENDIX. 
 
 a Board of Guardians, and One of the Overseers thereof, or any Two Justices of 
 the County or Borough in which such last-mentioned Parish is situate, may by 
 Writing under the Hands respectively of such Clergyman and Overseer or of such 
 Justices direct that any Pauper Patient belonging to such Parish or Union, and 
 detained in any licensed House or any Hospital, shall be discharged or removed 
 therefrom, and may direct the Mode of such Discharge or Removal ; and if a 
 Copy of such Minute or such Writing be produced to the Proprietor or Superin- 
 tendent of such licensed House or such Hospital, he shall forthwith discharge or 
 remove such Patient, or cause or suffer such Patient to be discharged or removed 
 accordingly. 
 
 No Patient to be removed under any of the preceding Powers if certified to he 
 dangerous, unless the Commissioners or Visitors consent, or for the Purpose of 
 Transfer to som-e other Asylum. 
 
 LXXV. Provided always, nevertheless, and be it enacted. That no Patient 
 shall be discharged or removed, under any of the Powers herein-before contained, 
 from any licensed House or any Hospital, if the Physician, Surgeon, or Apothecary 
 by whom the same shall be kept, or who shall be the regular Medical Attendant 
 thereof, shall by Writing under his Hand certify that in his Opinion such Patient 
 is dangerous and unfit to be at large, together with the Grounds on which such 
 Opinion is founded, unless the Commissioners visiting such House or the Visitors 
 of such House shall, after such Certificate sliall have been produced to them, give 
 their Consent in Writing that such Patient shall be discharged or removed ; 
 provided that nothing herein contained sliall prevent any Patient from being trans- 
 ferred from any licensed House or any Hospital to any other licensed House or any 
 other Hos[)ital, or to any Asylum, but in such Case every such Patient shall be 
 placed under the Control of an Attendant belonging to the licensed House, 
 Hospital, or Asylum, to or from which he shall be about to be removed for the 
 Purpose of such Removal, and shall remain under such Control until such Time as 
 such Removal shall be duly effected. 
 
 Commissioners may discharge any Patient confined in a House licensed 
 by themselves. 
 
 LXXVI. And be it enacted, That it shall be lawful for any Two or more of 
 the Commissioners to make Visits to any Patient detained in any House licensed 
 by the Commissioners, on such Daj's and at such Hours as they shall think fit ; 
 and if after Two distinct and separate Visits so made (Seven Days at least to 
 intervene between such Visits) it shall appear to such Visiting Commissioners that 
 such Patient is detained without sufficient Cause, it shall be lawful for the Com- 
 missioners if they shall think fit, to make such Order as to the Commissioners shall 
 seem meet for the Discharge of such Patient, and such Patient shall be discharged 
 accordingly. 
 
 Two Commissioners may make special Visits to Discharge any Patient confined 
 in a House licensed by Justices or in an Hospital. 
 
 LXXVII. And be it enacted. That it shall be lawful for any Two or more of 
 the Conmiissioners, of whom One shall be a Physician and One a Barrister, to make 
 special Visits to any Patient detained in any Hours licensed by the Justices or in 
 any Hospital, on such Days and at such Hours as they shall think fit ; and if 
 after Two distinct and separate Visits so made it shall appear to such Visiting 
 Commissioners that such Patient is detained without sufficient Cause, they may 
 make such Order as to them shall seem meet for the Discharge of such Patient, and 
 such Patient shall be discharged accordingly. 
 
 Similar Powers for Two Visitors as to Houses within their Jurisdiction. 
 
 LXXVIII. And be it enacted, That it shall be lawful for any Two or more of 
 the Visitors of any licensed House, of whom One shall be a Physician, Surgeon, or 
 Apothecary, to make special Visits to any Patient detained in such House, on 
 such Days and at such Hours as they shall think fit ; and if after Two distinct
 
 APPENDIX. 19*} 
 
 and separate Visits so made it shall appear to such Visitors that such Patient is 
 detained without sufficient Cause, they may make such Onkr as to them shall seem 
 meet for the Discharge of such Patient, and such Patient shall be discharged 
 accordingly. 
 
 Every Order for the Discliarf/e of a Patient under the last preceding Powers to be 
 signed by the Persons exercising them, and to be subject to certain Restrictions. 
 
 LXXIX. Provided always, and be it enacted, That every such Order by any 
 Commissioners or Visitors for the Discharge of a Patient from any House licensed 
 by Justices, or from any Hospital, shall be signed by them, and that each of such 
 special V^isitsshall be by the same Commissioners or Visitors; and that it shall not be 
 lawful for such Commissioners or Visitors to Order the Discharge of any Patient 
 from any such last-mentioned House or Hospital without having previously, if the 
 Medical Attendant of such House or Hospital shall have tendered himself for that 
 Purpose, examined him as to his Opinion respecting the Fitness of such Patient to 
 be discharged; and if such Commissioners or Visitors shall, after so examining 
 such Medical Attendant discharge such Patient, and such Medical Attendant shall 
 furnish them with any Statement in Writing containing his Reasons against the 
 Discharge of such Patient, they shall forthwith transmit such Statement to the Com- 
 missioners or to the Clerk of the Visitors, as the Case may require, to be kept and 
 registered in a Book for that Purpose. 
 
 The last preceding Powers to be exercised under certain other Restrictions. 
 
 LXXX. Provided also, and be it enacted, That not less than Seven Days shall 
 intervene between the First and Second of such special Visits ; and that such 
 Commissioners or Visitors shall, Seven Days previously to the Second of such 
 special Visits, give Notice thereof, either by Post or by an Entry in the Patients 
 Book, to the Proprietor or Superintendent of the House licensed by Justices or of 
 the Hospital in which the Patient intended to be visited is detained ; and that 
 such Proprietor or Superintendent shall forthwith, if possible, transmit by Post 
 a Copy of such Notice, in the Case of a Patient not being a Pauper, to the Person 
 by whose Authority such Patient was received into such House or by whom the 
 last Payment on account of such Patient was made, and in the Case of a Pauper 
 to the Guardians of his Parisii or Union, or if there be no such Guardians, to One 
 of the Overseers for the Tiuie being of his Parish, and also in the Case of any 
 Patient detained in a House licensed by Justices, to the Clerk of the Visitors of 
 such House. 
 
 Preceding Powers not to extend to Persons found lunatic by Inquisition, or 
 confined under Authority of Secretary of State. 
 
 LXXXI. Provided always, nevertheless, and be it enacted. That none of 
 the Powers of Discharge hereiu-before contained shall extend to any Person who 
 shall liave been found lunatic by Inquisition or under any Inquiry directed by the 
 Lord Chancellor, in pursuance of the Powers in that Behalf herein-after given to 
 him, nor to any Lunatic confined under any Order or Authority of Her Majesty's 
 Principal Secretary of State for the Home Department, or under the Order of any 
 Court of Criminal Jurisdiction. 
 
 Poiver for Visitors and Visiting Commissioners to regulate the Dietary of 
 Pauper Pa'icnts. 
 
 LXXXII. And be it enacted, That it shall be lawful for the Visitors of any 
 licensed House at any Time to determine and regulate the Dietary of the Pauj>er 
 Patients therein ; and that it shall be lawful fc>r the Visiting Commissioners at any 
 Time to determine and regulate the Dietivry of the Pauper Patients in any licensed 
 House or in any Hospital ; and that if such Determination and Kegulation of anj- 
 Visitors and of the Visiting Commissioners shall not agree with each other, then the 
 Determination and Regulation of the Visiting Commissioners shall be followed : 
 Provided always, nevertheless, that every such Regulation shall be made to take 
 
 O
 
 194 APPENDIX. 
 
 effect only from such Time as not to affect any Contract existing on the First Day 
 of June last for the Maintenance of Pauper Patients before the First Day of June 
 One thousand eight hundred and forty-six, or the Expiration of such Contract, 
 whichever shall first happen. 
 
 Potvcr for any Visitor to give an Order to the ClerJc of the Visitors to search 
 and (jive Information. 
 
 LXXXIII. And be it enacted, That if any Person shall apply to any Visitor 
 in order to be informed whether any particular Person is confined in any licensed 
 House within the Jurisdiction of such Visitor, the said Visitor, if he shall tliink it 
 reasonable to permit such Inquiry to be made, shall sign an Order to the Clerk of 
 the Visitors, and the said Clerk shall, on Receipt of such Order, and on Payment 
 to him of a Sura not exceeding Seven Shillings for his Trouble, make search 
 ainong,-<t the Returns made to him in pursuance of this Act whether the Person 
 inquired after is or has been within the then last Twelve Calendar Months confined 
 in any licensed House within the Jurisdiction of such Visitor ; and if it shall 
 appear that such Person is or has been so confined the said Clerk shall deliver to 
 the Person so applying a Statement in Writing, specifying the Situation of the 
 House in which the Person so inquired after appears to be or to have been confined, 
 and of the Name of the Proprietor or resident Superintendent thereof, and also 
 the Date of the Admission of such Person into such licensed House, and (in case of 
 his having been removed or discharged) the Date of his Removal or Discharge 
 therefrom. 
 
 Power for a7iy Commissioner to give an Order to the Secretary of the Commissioners 
 to search and give Information whether any particular Person is or has heen 
 vrithin Twelve Months confined in any House or Hospital. 
 
 LXXXIV. And be it enacted, That if any Person shall apply to any Com- 
 missioner in order to be informed whether any particular Person is confined in any 
 licensed House, or in any Hospital, Asylum, or other Place by this Act made 
 subject to the Visitation of the Commissioners, such Commissioner, if he shall 
 think it reasonable to permit such Inquiry to be made, shall sign an Order to the 
 Secretary of the Commissioners, and the Secretary shall, on the Receipt of such 
 Ordtr, and on Payment to him of a Sum not exceeding Seven Shillings (to be 
 applied as herein-before provided), make search amongst the Returns made in 
 pursuance of this Act, or of any of the Acts hereby repealed, whether the Person 
 inquired after is or has been within the last Twelve Calendar Months confined in 
 any House, Hospital, Asylum, or Place by this Act made suhject to the Visitation 
 of the Conmiissioners ; and if it shall appear that such Person is or has been so 
 confined the Secretary shall deliver to the Person so applying a Statement in 
 Writing, specifying the Situation of the House, Hospital, Asylum, or Place in 
 which the Per.son so inquired after appears to be or to have been confined, and also 
 (so far as the said Secretary can ascertain the same from any Register or Return 
 in his Possession) the Name of the Proprietor, Superintendent, or principal 
 Oflficer of such House, Hospital, Asylum, or Place, and also the Date of the 
 Admission of such Person into such licensed House, Hospital, Asylum, or other 
 Place, and (in case of his having been removed or discharged) the Date of his 
 Removal or Discharge therefrom. 
 
 Any One Commissioner or Visitor may give an Order for the Admission to any 
 Patient of any Friend or Relation, or any Person named by a Friend or 
 Relation. 
 
 LXXXV. And be it enacted. That it shall be lawful for any One of the Com- 
 missioners, as to Patients confined in any House, Hospital, or other Place (not 
 beinc a Gaol) hereby authorized to be visited by the Commissioners, and also for 
 any One of the Visitors of any licensed House as to Patients confined in such 
 House, at any Time to give an Order in Writing under the Hand of such One 
 Commissioner or Visitor for the Admission to any Patient of any Relation or
 
 APPENDIX. 195 
 
 Friend of such Patient (or of any Medical or other Person whom any Pulation or 
 Friend of such Patient shall desire to he admitted to him), and such Order of 
 Admission may be either for a single Admission, or for an Admission for any 
 limited Nmnber of Times, or for Admission generally at all reasonable Times, and 
 either with or without any Restriction as to such Admission or Admissions being 
 in the Presence of a Keeper or not, or otherwise ; and if the Proprietor or Super- 
 intendent of any such House, Hospital, or Place shall refuse Admission to, or 
 shall prevent or obstruct the Admission to any Patient of, any Relation, Friend, 
 or other Person who shall produce such Order of Admission as aforesaid, he sljall 
 for every such Refusal, Prevention, or Obstruction forfeit a Sum not exceeding 
 Twenty Pounds. 
 
 Proprietor or Superintendent, vnth consent of Two Commissioners or Visitors, 
 may take or send a Patient to any Place for his Health. 
 
 LXXXVI. And be it enacted, That it shall be lawful for the Proprietor or 
 Superintendent of any licensed House or of any Hospital, with the consent in 
 Writing of any Two of the Commissioners, or in the Case of a House licensed by 
 Justices of any Two of the Visitors of such House, to send or take, under proper 
 Control, any Patient to any specified Place for any definite Time for the Benefit of 
 his Health : Provided always, nevertheless, that before any such Consent as afore- 
 said shall be given by any Commissioners or Visitors the Approval in Writing of the 
 Person who signed the Order for the Reception of such Patient, or by whom the 
 past Payment on account of such Patient was made, shall be produced to such 
 Commissioners or Visitors, unless they shall, on Cause being shown, dispense with 
 the same. 
 
 In case of the Removal of a Patient, or of his Escape and Pecapture, within Fourteen 
 Days, the original Order for his Reception to remain in Force. 
 
 LXXXVII. And be it enacted. That in every Case in which any Patient 
 shall, under any of the Powers or Provisions of this Act, be removed temporarily 
 from the House or Hospital into which the Order for his Rece[)tion was given, or 
 be transferred from such House or Hospital into any new House, and also in every 
 case in which any Patient shall escape from any House or Hospital and shall be re- 
 taken within Fourteen Days next after such Escape, the Certificate or Certificates 
 relating to and the original Order for the Re •e[)tion of such Patient shall respectively 
 remain in force, in the same Manner as the same would had done if such Patient 
 had not been so removed or transferred, or had not so escaped and been retaken 
 
 Commissioners to report to the Lord Chancellor periodically. 
 
 LXXXVIII. And belt enacted, That the Commissioners shall, at the expiration 
 of every Six ( 'a^endar Months, rei)ort to the Lord Chancellor the Number of Visits 
 which they shall have made, the Nundjer of Patients whom they shall have seen, 
 and the Number of Miles which they shall have travelled during such Months, and 
 .shall on the First Day of January in each Year make a Return to the Lord 
 Chancellor of all Sums received by them for travelling Expenses, or upon any 
 other and what Account, and shall also in the Month of June in every Year make 
 to the Lord Chancellor a report of the State and Condition of the several Houses, 
 Hospitals, Asylums, and other Places visited by them under this Act. and of the Care 
 of the Patients therein, and of such other P.articulars as they shall think de-ervino- 
 of Notice ; and a true Copy of such Reports, showing the Number of Visits made, 
 the Number of Patients seen, and the Number of Miles travelleil, and also a Copy 
 of such Return of Sums received for travelling Expenses, or on anj' other and 
 what Account shall be laid before Parliament within Twenty-One Days next after 
 the Commencement of every Session of Parliament. 
 
 Constitution of the Private Committee. 
 
 LXXXIX. And be it enacted, That the permanent Chairman for tiie Time 
 
 being of the Commissioners, and Two other of the Commissioners to be appointed 
 
 by the Lord Chancellor from Time to Time as Occasion may require (One of 
 
 whom shall be a Physician, or Surgeon, and the other a Banister), shall be a Com- 
 
 02
 
 196 APPENDIX. 
 
 raittee, to be called " The Private Committee," for the Purposes herein-after 
 nieatioued. 
 
 No Person {except a Person deriving no Profit, or a Committee,) to take charge of a 
 single Lunatic, except upon such Order and Medical Certificates as aforesaid, 
 and under certain Obligations. 
 XC. And be it enacted, That no Person (unless he be a Person who derives tio 
 Profit froiii the Charge, or a Committee appointed by the Lord Chancellor,) sliall 
 receive to board or lodge in any House, other than an Hospital registered under 
 this Act, or an Asylum, or a House licensed under this Act, or under One of the 
 Acts herein- before repealed, or take the Care or Charge of any One Patient as a 
 Lunatic or alleged Lunatic, without the lilie Order and Medical Certificates in 
 respect of such Patient as are herein-before required on the Reception of a Patient 
 (not being a Pauper) into a licensed House ; and that every Pert^on (except a 
 Person deriving no Pruht from the Charge, or a Committee appointed by the Lord 
 Chancellor,) who shall receive to board or lodge in any unlicensed House, not 
 being a registered Hospital, or an Asylum, or take the Care or Charge of any One 
 Patient as°a Lunatic or alleged Lunatic, shall, within Seven clear Days after so 
 receiving or taking such Patient transmit to the Secretary of the Commissioners a 
 true and perfect Copy of the Order and Medical Certificates on vv'hich such 
 Patient lias been so received, and a Statement of the Date of such Reception, and 
 of the Situation of the House into which such Patient has been received, and of 
 the Christian and Surname and Occupation of the Occupier tlureofandof the 
 Person by whom the Care and Charge of such Patient has been taken ; and every 
 such Patient shall at least once in every Two Weeks be visited by a Physician, 
 Surgeon, or Apothecary not deriving and not having a Partner, Father, Son ^r 
 Brother who derives, any Pn fit from the Care or Charge of such Patient ; and 
 such Physician, Surgeon, or Apothecary shall enter in a Book, to be kept at the 
 House or Hospital for that Purpose, to be called " The Medical Visitation Book," 
 tlie Date of each of his Visits, and a Statement of the Condition of the Patient's 
 Health, both mental and bodily, and of the Condition of the House in which such 
 Patient is, and such Book shall be produced to the Visiting Commissioner on every 
 Visit, and shnll be signed by him as having been so produced ; and the Person 
 by wliom the Care or Charge of such Patient has been taken, or into whose House 
 he has been received as aforesaid, shall transmit to the Secretary of the Commis- 
 sioners the same Notices and Statements of the Death, Removal, Escape, and 
 Re-CMpture of such Lunatic, and witiiiu the same Periods as are herein-before 
 required in the case of the Death, Removal, Escape, and Re-capture of a 
 Patient (not being a Pauper) received into a licensed House ; and that every 
 Person who shall receive into an unlicensed House, not being a registered 
 Hospital nor an Asylum, or take the Care or Charge of any Person therein 
 as a Lunatic, without first having such Order and Medical Certificates as 
 aforesaid or who, having received any such Patient, shall not within the several 
 Periods aforesaid transmit to the Secretary of tiie Commissioners such Copy, 
 Statement, and Notices as aforesaid, or shall fail to cause such Patient to be so 
 visited by a Mciical Attendant as aforesidd, and every such Medical Attendant 
 who shall make an untrue Entry in the said Medical Visitation Book, shall be 
 tjuilty of a Misdemeanrr. 
 
 Copy of the Order and Certificates, <fcc., with respect to Lunatics received into 
 an unlicensed House to be entered in a Private Register. 
 XCI. And be it enacted, That the Secretary to the Commissioners shall pre- 
 serve every Copy trnnsmitied as aforesaid of the Order and Certificates for the Re- 
 ception of any Patient as a Lunatic into an unlicensed House, and every Statement 
 and Notice which may be transnutted to such Secretary with respect to any such 
 Patient as albresaid, and shall enter the same (in such form as the Private Com- 
 mittee shall direci) in a Book to be kept for that Purpose, to be called " The Private 
 Re'dster ;" and such Private Register shall be kept by such Secretary in his own 
 Custody, and shall be inspected only by tiie Members for the Time being of the 
 said Private Committee, and by such other Persons as the Lord Chancellor shall 
 by Writing under his Hand appoint.
 
 APPENDIX. 197 
 
 Memhers of the Private Committee to visit 2inlice/ised Houses receiving a sinyle 
 Patient, and report. 
 
 XCII. And be it enacted, That it shall be lawful for any One Member of the 
 said I'rivate Committee, on the Direction of such Coniiiiittee, or of any Two 
 Members thereof (of whom the One Member aforesaid may be One,) at all reason- 
 able Times to visit every or any unlicensed House in which One Patient only is 
 received as a Lunatic (unless such Patient be so received by a Person derivintr no 
 Profit from the Cliarge, or by a Committee appointed by the Lord Chancellor), 
 and to inquiie and report to the said Private Committee on the Treatment and 
 State of Health, both bodily and mental, of such Patient ; and a Copy of every 
 or any such Report shall be entered in a Private llegister, to be kept for that 
 Purpose, by the Secretary of the Commissioners, and another Copy thereof shall, 
 if such Private Committee think it expedient, be laid before the Lord Chancellor. 
 
 The Lord Chancellor on such Report, and tlie Representation of the Private 
 Committee, may order a Lunatic to he removed. 
 
 XCIII. And be it enacted, That it shall be lawful for the Lord Chancellor, on 
 the Eepresentatiou of the said Private Committee, accompanied with a Copj' of a 
 Ileport made as last aforesaid as to any Patient received or detained as a Lunatic 
 in an unlicensed House as aforesaid, to make an Order that such Patient shall be 
 removed from such House, and from the Care and Charge of the Person under 
 whose Care antl Charge such Lunatic may be ; and any Person detaining such 
 Lunatic in such House, or in such Care or Ciiarge, for the Space of Three Days 
 after a Copy of such Order shall have been left at such House or served on such 
 Person, shall be guilty of a Misdemeanor. 
 
 Commissioners to report if Property of Lunatics he not duly protected or applied. 
 
 XCIV. And be it enacted, That whenever the Commissioners shall have 
 reason to suppose that the Property of any Person detained or taken charge of as 
 a Lunatic is not duly protected, or that the Income thereof is not duly applied lor 
 his Maintenance, such Commissioners shall make such Inquiries relative thereto as 
 they shall think proper, and report thereon to the Lord Chancellor. 
 
 The Lord Chancellor to direct the Master in Lunacy to report as to the Lunacy of 
 any Person detained as a Lunatic, and to appoint Guardians of his Person 
 and Estate, and direct the Applieation of his Income. 
 
 XCV. And be it enacted, That when any person shall have been received or 
 taken charge of as a Lunatic upon an order and Certificates, or an Order :.nd 
 Certificate, in pursuance of the Provisions of this Act, or of any Act hereiu-before 
 repealed, and shad either have been detained as a Lunatic for the Twelve .Mouths 
 then last past, or shall have been the Subject of a Report by the Commissioners in 
 pursuance of the Provision lastly herein-before contained, it shall be lawful for the 
 Lord Chancellor to direct that One of the said Masters in Lunacy shall, and there- 
 upon One of the said Masters shall personally examine such Person, and shall take 
 such Evidence and call for such Information as to such Master shall seem necessary 
 to sitisfy him whether such Person is a Lunatic, and shall report thereon to the 
 Lord Chancellor, and such Report shall be filed with the Secretary of Lunatics ; 
 and it shall be lawful for the Loid Chancellor from Time to Time to make Orders 
 for the Appointment of a Guardian or otln.rwise for the Protection, Care, and 
 Management of the Perst)n of any Person who s lall by any such Report as last 
 aforesaid be found to be a Lunatic, and such Guardian shall have the same Powers 
 and Authorities as a Committee of the Person of a Lunatic found such by Inqui- 
 sition now has, and also to make Orders for the Appointment of a Receiver or 
 otherwise for the Piotection, Care, and Management of the Estate of such 
 Lunatic, and such Receiver shall have the same Powers and Authorities as a 
 Receiver of the Estate of a Lunatic found such by Inquisition now lias, and also 
 to make Orders for the Application of the Income of such Lunatic, or a sutficient 
 Part thereof, for his Maintenance and Support, and in Payment of the CoBts,
 
 198 APPENDIX. 
 
 Charges, and Expenses attending the Protection, Care, and Management of the 
 Person and Estate of such Lunatic, and also as to the Investment or other Appli- 
 cation for the Purpose of Accumulation of the Overplus, if any, of such Income, 
 for the Use of such Lunatic, as to the Lord Chancellor shall from Time to Time in 
 each Case seem fit : Provided always that such Protection, Care, and Manage- 
 ment shall continue only during such Time as such Lunatic shall continue to be 
 detained as a Lunatic upon an Order and Certificates or Certificate as aforesaid, 
 aud for such further Time, not exceeding Six Months, as the Lord Chancellor may 
 fix : Provided also, that it shall be lawful for the Lord Chancellor in any such 
 Case, either before or after directing such Inquiry by such Master as aforesaid, 
 and whether such Master shall have made a lieport as aforesaid or not, to direct 
 a Commission in the Nature of a Writ De lunatico inquirendo to issue, to inquire 
 of the Lunacy of such Person. 
 
 Masters in Lunacy to have all necessaiv/ Powers of Inquiry, and to make 
 Inquiries referred to them. 
 
 XCVI. And be it enacted, That such Masters shall have Power, in the Prose- 
 cution of all Inquiries and Matters which may be referred to them as aforesaid or 
 otherwise under this Act, to summon Persons before them, and to administer 
 Oaths, and take Evidence, either viva voce or on AflBdavit, and to require the 
 Production of Books, Papers, Accounts, and Documents ; and that the Lord 
 Chancellor may by any Order (either general or particular) i-efer to the said 
 Masters any Inquiries under the Provisions of this Act relating to the Person and 
 Estate of any Lunatic as to whom a E.eport shall be made by a Master as afore- 
 said, in like Manner as Inquiries relating to the Persons and Estates of Lunatics 
 found such by Inquisition are now referred to them. 
 
 Lord Chancellor to make Orders and Regulations f and fix Fees. 5 <t 6 Vict. c. 84. 
 
 XCVII. And be it enacted, That it shall be lawful for the Lord Chancellor 
 from Time to Time to make such Orders as shall to him seem fit for regulating the 
 Form and Mode of Proceeding before the Lord Chancellor and before the said 
 Masters, and of any other Proceedings pursuant to the Provisions of this Act, for 
 the due Protection, Care, and Management of the Persons and Estates of Lunatics 
 as to whom such Reports shall be made by tlie s^id Masters as aforesaid, and also 
 for fixing, altering, and discontinuing the Fees to be received and taken in respect 
 of such Proceedings, as to the Lord Chancellor shall from Time to Time seem fit ; 
 Provided nevertheless, that all Fees to be so received and taken shall be paid into 
 the Bank of England, and placed to the Credit of the Accountant General of the 
 Court of Chancery, to the Account intituled "The Suitors Fee Fund Account," 
 in like Manner as and together with the Fees payable under the Act passed in the 
 Fifth and Sixth Years of Her present Majesty, intituled An Act to alter and 
 amend the Practice and Coiurse of Proceeding under Commissions in the Nature of 
 Writs De lunatico inquirendo, and be applied in like Manner as such last-men- 
 tioned Fees. 
 
 Masters Expenses how to he paid. 
 
 XCVIII. And be it enacted. That the travelling and other Expenses of the 
 said Masters and their Clerks shall be paid to them, by virtue of any Order or 
 Orders of the Court of Chancery, out of the said Fund, intituled '" The Suitors Fee 
 Fund Account," in the same Manner as their Expenses under the said last- 
 mentioned Act. 
 
 Proprietors, Superintendents, and other authorized Persons may plead the Order 
 and Certificate for receiving any Lunatic in bar of all Proceedings at Law. 
 
 XCIX. And be it enacted, That every Proprietor and Superintendent of a 
 licensed House or registered Hospital, and every other Person hereby or by any of 
 the Acts herein- before repealed authorized to receive or take charge of a Lunatic 
 upon an Order, and who shall receive or has received a proper Order, in pursuance 
 of this Act or any of the said repealed Acts, accompanied with the required
 
 APPENDIX. 199 
 
 Medical Certificates or Certificate for the Reception or taking charge of any Person 
 as a Lunatic, and tlie Assistants and Servants of sucli i'roi)riet(jr, Superintendent, 
 or otlier I'erson, sliall have Power and Authority to take charge of, receive, and 
 detain such Patient until he shall die or be removed or discharged by due 
 Autliority, and in case of the Escape at any Time or Times of such Patient to 
 retake liim at any Time within Fourteen Days after such Escape, and again to 
 detain him as aforesaid ; and in every Writ, Indictment, Information, Action, and 
 other Proceeding which shall be preferred or brought against any such Proprietor, 
 Superintendent, or otlier Person authorized as aforesaid, or against any Assistant 
 or Servant of any such Proprietor, Superintendent, or authorized Person, for 
 taking, confining, detaining, or retaking any Person as a Lunatic, the Party com- 
 plained of may plead such Order and Certificates or Certificate in defence to any 
 such Writ, Indictment, Information, Action, or other Proceeding as aforesaid, and 
 such Order and Certificates or Certificate shall, as respects such Party, be a Justi- 
 fication for taking, confining, detaining, or retaking such Lunatic or alleged 
 Lunatic. 
 
 Commissioners and Visitors may summon Witnesses to give Evidence, with a 
 Penalty for Noncompliance. 
 
 C And be it enacted, That it shall be lawful for the Commissioners, or any 
 Two of them, and also for the Visitors of any licensed House, or any Two of such 
 Visitors, from Time to Time, <as tliey shall see Occasion, to require, by Summons 
 under the Common Seal of the Commission, if by the Commissioners, and if by 
 Two only of the Commissioners or byTwo Visitors, then under the Hands and Seals 
 of such Two Commissioners or Two Visitors, as the Case may be, (according to the 
 Form in Schedule (I.) annexed to this Act, or as near thereto as the Case will per- 
 mit,,) atiy Person to appear before them to testify on Oath the Truth touching any 
 Matters respecting which such Commissioners and Visitors respectively are by this 
 Act authorized to inquire (which Oath such Commissioners or Visitors are hereby 
 empowered to administer); and every Person who shall not appear before such 
 Commissioners or Visitors pursuant to such Summons, or shall not assign some 
 reasonable Excuse for not so appearing, or shall appear and refuse to be sworn or 
 examined, shall, on being convicted thereof before One of Her Majesty's Justices 
 for the County or Borough within which the Place at which such Person shall 
 have been by such Summons required to appear and give Evidence is situate, 
 shall for every such Neglect or Refusal forfeit a Sum not exceeding Fifty Pounds. 
 
 Provision for the Payment of Witnesses Expenses. 
 
 CI. And be it enacted, That it shall be lawful for any Commissioners or Visitors 
 who shall summon any Person to appear and give Evidence as aforesaid to direct 
 the Secretary of the Commissioners or the Clerk of such Visitors, as the Case may 
 be, to pay to such Person all reasonable Expenses of his Appearance and Atten- 
 dance in pursuance of such Summons, the same to be considered as Expenses 
 incurred by'such Commissioners and Visitors respectively in the Execution of this 
 Act, and to be taken into account and paid accordingly. 
 
 Upon Complaint made of any Offence against this Act, Justices to require the Atten- 
 dance of the Person charged, and adjudicattff thereon. Recovery of Penalties, 
 and Application thereof, 
 
 CII. And be it enacted, That every Complaint or Information of or for any 
 Ofience against this Act, where any pecuniary Penalty is hereby imposed, (except 
 when hereby otherwise provided for,) may be made before One Justice ; and when 
 any Person shall be charged upon Oath before a Justice for any such Ofience 
 against this Act, such Justice may summon the Person charged to appear at a 
 Tiuie and Place to be named in such Sunnuons, and if he shall not appear accord- 
 ingly, and upon Proof of the due Service of the Summons (either personally or by 
 leaving the same at his last or usual Place of Abode) any Two .Justices may either 
 proceed to hear and determine the Case, or may issue their Warrant for appre-
 
 200 APPENDIX. 
 
 hending such Person, and bringing him before any Two Justices ; and any Two 
 Justice's shall and may, upon the appearing of such Person pursuant to such 
 Summons, or upon such Person being apprehended with such Warrant, or upon 
 the Nonappearance of such Person, hear the Matter of every such Complaint or 
 Information, and make any such Determination thereon as such Justices shall 
 think proper ; and upon Conviction of any Person such Justices may, if tijey shall 
 think fit, reduce the Amount of the Penalty by this Act imposed for such Oflfence 
 to any Sum not less than One Fourth of the Amount thereof, and shall and may 
 issue a Warrant under their Hands and Seals for levying such Penalty or reduced 
 Penalty, and all Costs and Charges of such Summons, Warrant, and Hearing, and 
 all inci'lental Costs and Charges'^ by Distress and Sale of the Goods and Chattels 
 of the Person so convicted ; and it shall be lawful for any such Two Justicea to 
 order any Person so convicted to be detained and kept in the Custody of any 
 Constable or other Peace Officer until Return can be conveniently made to such 
 Warrant of Distress, unless the said Offender shall give Security, to the Satis- 
 faction of such Justices, by way of Recognizance or otherwise, for his Appearance 
 before such Justices on such Day as shall be appointed for the Return of such 
 Warrant of Distress, such Day not being more than Seven Days from the Time of 
 taking any such Security ; but if upon the Return of such Warrant of Distress it 
 shall "appear that no sufficient Distress can be had whereupon to levy the said 
 Penalty, and such Costs and Charges as aforesaid, and the same shall not be forth- 
 with paid, or in case it shall appear to the Satisfaction of such Justices, either by 
 the Confession of the Offender or otherwise, that the Offender hath not sufficient 
 Goods and Chattels whereupon the said Penalty, Costs, and Cliarges may be 
 levied, such Justices shall and may, by Warrant under their Hands and Seals, 
 commit such Offender to the Common Gaol or House of Correction for any Term 
 not exceeding Three Calendar Months, unless such Penalty, and all such Costs and 
 Charges as aforesaid, shall be sooner paid ; and all such Penalties, when recovered, 
 shall be paid, when the Complaint or Information shall be laid or brought by or by 
 the Direction of the Commissioners, to the Secretary of the Commissioners, to be 
 by him appUed and accounted for as herein-before directed with resjject to Monies 
 received for Licences granted by the Commissioners, and when the Complaint or 
 Information shall be laid or brought by the Direction of any Visitors, to the Clerk 
 of the Peace for the Ctmnty or Borough, to be by him applied and accounted for as 
 herein-before directed with respect to Monies received for Licences granted by the 
 Justices of such County or Borough ; and the Overplus (if any) arising from such 
 Distress and Sale, after Payment of the Penally and all Costs and Charges as 
 aforesaid, shall be paid, upon Demand, to the Owner of the Goods and Chattels so 
 distrained. 
 
 Form of Conviction before Justices. 
 
 cm. And be it enacted, That the Justices before whom any Person shall be 
 convicted of any Offence against this Act for which a pecuniary Penalty is im- 
 posed may cause the Conviction to be drawn up in the following Form, or in any 
 other Form to the same Effect, as the case may require ; and that no Conviction 
 under tfiis Act shall be void through Want of Form : 
 
 BE it remembered, That on the Day of . '" 
 
 the Year of our Lord at in tlie 
 
 ' County [or Borough] of A. £. was convicted before 
 
 « ua of Her Majesty's Justices of the Peace 
 
 ' for the said County [or Borough], for that he the said 
 
 'did and we the said adjudge the 
 
 ' said for his Offence to pay the Sum of 
 
 Appeal to Quarter Sessions. 4 
 
 CrV. Provided always, and be it enacted. That any Person who shall think 
 himself aggrieved by any Order or Determination of any Justices under this Act 
 may, within Four Calendar Months after such Order made or given, appeal to the 
 Justices at General or Quarter Sessions, the Person appealing having fiist given at
 
 APPENDIX. 201 
 
 least Fourteen clear Days Notice in Writing of such Appeal, and the Nature and 
 Matter thereof, to the Person appealed against, and forthwith after such Notice 
 entering into a Kecognizance before some Justice, with Two sutticieut Sureties, 
 conditioned to try such Appeal, and to abide tiie Order and Award of the said 
 Court thereupon ; and the said Justices at (General or Quarter Sessions, upon the 
 Proof of sucli Notice and Recognizance having been given and entered into, shall 
 in a summary Way hear and determine such Appeal, or, if they think proper, ad- 
 journ the Hearing thereof until the next General or Quarter Sessions, and. if they 
 see Cause, may mitigate any Penalty to not less than One Fourth of the Amount 
 imposed by this Act, and may order any Money to be returned which shall have 
 been levied in imrsuance of such Order or Determination, and shall and may also 
 award such further Satisfaction to be made to the Party injured, or such Costs to 
 either of the Parties, as they shall judge reasonable and proper; and all such 
 Determinations of the said Justices at General or Quarter Sessions shall be final, 
 binding, and conclusive ujion all Parties to all Intents and Purposes whatsoever. 
 
 Actions to be commenced ■within Twelve Calendar Months. Act may be given 
 in Evidence. 
 
 CV. And be it enacted, That if any Action or Suit shall be brought against any 
 Person for anything done in pursuance of this Act or of any of the Acts hereby 
 repealed, the same shall be commenced within Twelve Calendar Months next after 
 the Llelease of the Party bringing the Action, and shall be laid or brought in the 
 County or Borough where the Cause of Action shall have arisen, and not else- 
 where ; and the Defendant in every such Action or Suit may, at his Election, j.lead 
 specially or the General Issue Not Guilty, and give this Act and the special 
 Matter in Evidence at any Trial to be had thereupon, and that the s;tme was done 
 in pursuance and by the Authority of this Act ; and if the same shall appear to be 
 so done, or that such Action or Suit shall be brought in any other County or 
 Borough than as aforesaid, or shall not have been commenced within the Time 
 before limited for brintring the same, then the Jury shall find a Verdict for the 
 Defendant; and upon a. V^erdict being so found, or if tlie Plaintiff shall be non- 
 suited, or discontinue his Action or Suit after the Defendant shall have appeared, 
 or if upon Demurrer Judgment shall be given against the Plaintiff, then the De- 
 fendant sliall recover Double Costs, and have such Remedy for recovering the 
 same as any Defendant hath or may have in any other Cases by Law, 
 
 Offenders to be prosecuted, and Penalties sued for by the Secretary of the Commis- 
 sioners and the Clerk of any Visitors, and by no Person without the A uthority 
 of the Commissioners or Visitors. 
 
 CVI. And be it enacted, That it shall be lawful for the Secretary of the Com- 
 missioners, on their Order, to prosecute any Person for any Offence against the 
 Provisions of this Act, and to sue for and recover any Penalty to which any Per- 
 son is made liable by this Act ; and all Penalties sued for and recovered by such 
 Secretary shall be paid to him, and be by him applied and accounted for as herein- 
 before directed with respect to Monies received for Licences granted by the Com- 
 missioners ; and that it shall be lawful for the Clerk of any Visitors, on their 
 Order, to prosecute any Person for any Offence against the Provisions of this 
 Act committed within the Jurisdiction of such Visitors, and to sue for and recover 
 any Penaltv to which any Person within the Jurisdiction of such Visitors is made 
 liable by tliis Act ; and all Penalties sued for and recovered by any such Clerk 
 shall be paid to him, and be by him paid to the Clerk of the Peace for such County 
 or Borough, and be by such Clerk of the Peace applied and accounted for as 
 herein-before directed with respect to Monies received for Licences by such Clerk 
 of the Peace ; and it shall not be lawful for any one to prosecute any Person for 
 any Offence against the Provisions of this Act, or to sue for any Penalty to which 
 any Pei'son is made liable Ijy this Act, except by Order of the Commissioners or of 
 Visitors havin^c Jurisdiction in the Place where the Cause of Prosecution has arisen 
 or the Penalty being incurred, or with the Consent of Her Majesty's Attorney 
 General or Solicitor General for England for the Time being.
 
 202 APPENDIX. 
 
 Offenders against the Provisions of any of the repealed Acts may he prosecuted 
 under this Act. 
 
 CVII. And be it enacted, That notwithstanding the Repeal of the several 
 Acts herein- before repealed, every Offence heretofore committed against any of the 
 Provisions of any of the same Acts may be prosecuted, and every Penalty hereto- 
 fore incurred by any Person for any Offence against the Provisions of any of the 
 same Acts may be sued for and recovered, by the Secretary of the Commissioners, 
 in the same Manner and with all the same Powers and Rights as if such Offence 
 had been committed or such Penalty incurred for an Offence against the Provisions 
 of this Act ; and every Penalty so recovered shall be applied in the same Manner 
 as a Penalty recovered for an Offence against the Provisions of this Act. 
 
 No Person to he punishable for omitting to send any Copy, tfcc, if pjroved to have 
 been put in the Post, or left at the proper Office. 
 
 CVIII. And be it enacted, That when any Person shall be proceeded against, 
 under the Provisions of this Act, for omitting to transmit or send any Copy, List, 
 Notice, Statement, or other Document herein-before required to be transmitted or 
 sent by such Person, and such Person shall prove by the Testimony of One Wit- 
 ness ujjon Oath that the Copy, List, Notice, Statement, or Document in respect of 
 which such Proceeding is taken was put into the Post in due Time, or (in case of 
 Documents required to be transmitted or sent to the Commissioners or a Clerk of 
 the Peace) left at the Office of the Commissioners or of the Clerk of the Peace, and 
 shall have been properly addressed, such Proof shall be a Bar to all further Pro- 
 ceeding in respect of such Omission. 
 
 Costs incurred by the Commissioners to be paid by their Secretary, and Costs 
 incurred by Visitors by the Clerk of the Peace. 
 
 CIX. And be it enacted. That the Costs, Charges, and Expenses incurred by 
 or under the Authority or Order of the Commissioners in Proceedings under this 
 Act shall be paid by the Secretary of the Commissioners, and included by him in 
 the Account of Receipts and Payments herein-before directed to be kept by him ; 
 and that the Costs, Charges, and Expenses incurred by or under the Order of any 
 Visitors in Proceedings under this Act shall be paid by the Clerk of the Peace of 
 their County or Borough, and included by him in the Account of Receipts and 
 Payments herein-before directed to be kept by him. 
 
 Commissioners to visit Asylums and Gaols. 
 
 ex. And be it enacted. That Two or more of the Commissioners, One at least 
 of whom shall be a Physician or Surgeon, and One at least a Barrister, shall and 
 may, once or ofteuer in each Year, on such Day or Days, and at such Hours of the 
 Day, and for such Length of Time as they shall think fit, visit every Asylum for 
 Lunatics, and every Gaol in which there sliall be or alleged to be any Lunatic, and 
 shall inquire whetlier the Provisions of the Law have been carried out as to the 
 construction of each Asylum visited, and as to its Visitation and Management, and 
 also as to the Regularity of the Admissions and Discharges of Patients therein and 
 therefrom ; and whether Divine Service is performed therein ; and whether any 
 System of Coercion is in practice therein, and the Result thereof; and as to the 
 Classification or Nonclassification of Patients therein, and the Number of Atten- 
 dants on each Class ; and as to tlie Occupations and Amusements of the Patients, 
 and the Effects thereof; and as to the Condition as well mental as bodily, of the 
 Pauper Patients when first received ; and also as to the Dietary of the Pauper 
 Patients ; and shall also make such other Inquiries as to every or any such Asylum, 
 and all such Inquiries as to the Lunatics in any Gaol, as to such Visiting Commis- 
 sioners shall seem meet. 
 
 Commissioners to visit Workhouses. 
 
 CXI. And be it enacted, That Two or more of the Commissioners, One at 
 least of whom shall b« a Physician or Surgeon, aud Ont; at least a Barrister, shall
 
 APPENDIX. 203 
 
 and inaj', once or oftener in each Year, on such Day or Days, and such Houra in 
 the Day, and for such length of Time as they sliall think fit, vi.sit every Parish and 
 Union Workhouse in wliich there siiall be or alleged to be any Lunatic, and shall 
 inquire whether the Provisions of the Lavir as to Lunatics have been carried out 
 as to the Arrangements, Visitation, and Management of such Workhouse, and as 
 to the Dietary, Accommodation, and Treatment of the Lunatics in such Workhouse, 
 and shall report in Writing thei-eon to the Poor Law Commissioners for En'jlaiul 
 and Walen. 
 
 Provision for the Visitation of Lunatics under the Care of Committees, and also of 
 State and Criminal Lunatics, and other Lunatics not comprised in the preceding 
 Provis'ions. 
 
 CXII. And be it enacted, That it shall be lawful for the Lord Chancellor, in 
 the Case of any Lunatic under the Care of .a Committee appointed by the Lord 
 Chancellor, and for the Lord Chancellor or Her Majesty's Principal Secretary of 
 i^tate for the Home Department, in the Case of any Lunatic under the Care of 
 any Person receiving or taking the Chai'ge of such One Lunatic only, and deriving 
 no Profit from the Charge, and in the Case of any Person confined as a State 
 Lunatic or as a Lunatic under the Order of any Criminal Court of Justice, and iu 
 the Case of every other Person detained or taken Charge of as a Lunatic, or repre- 
 sented to he a Lunatic, or to be under any Restraint as a Lunatic, at any Time, by an 
 Order in Writing under the Hand of the Lord Chancellor or the said Secretary oi State, 
 as the Case may be, directed to tlie Commissioners or any of them, or to any other 
 Person, to require the Persons or Person to whom such Order shall be directed, or 
 any of them, to visit and examine such Lunatic or supposed Lunatic, and to make 
 a Report to the Lord Chancellor, or to Her IMajesty's Principal Secretary of State 
 for the Home Department, of such Matters as iu such Order shall be directed to be 
 inquired into. 
 
 Fower for the Lord Chancellor and Secretary of State for the Home Department, to 
 authorize a special Visitation of any Place where a Lwnatic is represented to be 
 confined. 
 
 CXIII. And be it enacted, That it shall be lawful for the Lord Chancellor or 
 Her Majesty's Principal Secretary of State for the Home De[)artinent to employ any 
 Commissioner appointed under this Act, or other Person, to inspect or inquire into 
 the State of any Asylum, Hospital, Gaol, House, or Place wherein any Lunatic, or 
 Person represented to be lunatic, shall be confined or alleged to be confined, and to 
 report to him the Result of such lns[)ection and Inipiiry ; and every such Person 
 so employed, and not being a Commissioner, may be paid such Sum of JMouey for 
 his Attendance and Trouble as to the Lord Chancellor or Her Majesty's Principal 
 Secretary of State for the Home Department shall seem reasonable ; and every 
 such Person so employed, whether a Commissioner or not, shall be allowed his 
 reasonable travelling or other Expenses while so employed ; and such Sum of ]\loney 
 for Attendance and Trouble, and such Expenses, shall be charged on and shall be 
 paid out of the Contingency Fund of the Home Office. 
 
 Interpretation Clause. 48 G. 3. c. 96. 9 G. 4. c. 40. 
 
 CXIV. And be it enacted. That in this Act and the Schedules thereto the Word 
 and Expressions following shall have the several Meanings hereby assigned to them, 
 unless tliere shall be something iu the Subject or Context repugnant to such Con- 
 struction ; (^that is to say,) 
 
 " Borough" shall mean every Borough, Town, and City Corporate having a 
 separate Quarter Sessions, Recorder, and Clerk of the Peace : 
 
 " County" shall mean every County, Riding, Division of a County, County of 
 a City, County of a Town, Liberty, and other Place having a separate 
 Commission of the Peace, and not being a " Borough" within the Meaning 
 aforesaid :
 
 20 i APPENDIX. 
 
 " Tlie Lord Chancellor" shall mean the Lord High Chancellor, the Lord Keeper 
 or Commissioners of the Great Seal of Great Britain, and other the Person or 
 Persons for the Time being intrusted, by virtue of the Queen's Sign Manual, 
 with the Care and Commitment of the Custody of the Persons and Estates 
 of Persons found idiot, lunatic, or of unsound Mind : 
 " Banister" shall mean a Barrister and a Serjeant at Law ; and a Serjeant at 
 Law who shall have been called to the Bar Five Years or more before his 
 Appointment to be a Commissioner shall be considered as a Barrister of 
 Five Years standing : 
 " Lunatic" shall mean every Insane Person, and every Person being an Idiot 
 or Lunatic or of unsound Mind : 
 "Parish" shall mean any Parish, Township, Hamlet, Vill, Tithing, Extra-paro- 
 chial Place, or Place maintaining its own Poor : 
 "Otiiciating Clergyman of a [or the] Parish" AmW mean a Clergyman regularly 
 officiating and acting as the Minister or One of the Ministers of a Parish, 
 Chapelry, or Ecclesiastical District : 
 " Borough Rate'" sliall mean a Borough Rate, and any Funds assessed upon or 
 raised in or belonging to any Borough in the Nature of a Borough Rate, 
 and applicable to the Purposes to which Borough Rates are applicable : 
 "County Rate" shall mean a County Rate, and any Funds assessed upon or 
 raised in or belonging to any County in the Nature of a County Rate, and 
 applicable to the Purposes to which County Rates are applicable : 
 "Pauper"' shall mean every Person maintained wholly or in part at the Expense 
 
 of any Parish, Union, County, or Borough : 
 " Patient" shall mean every Person received or detained a a Lunatic, or taken 
 
 care or charge of as a Lunatic : 
 "Private Patient" shall mean every Patient who is not a Pauper : 
 "Proprietor" shall mean every Person to whom any Licence has been granted 
 under the Provisions of any Act hereby repealed, or shall be granted under 
 the Provisions of this Act, and every Person keeping, owning, having any 
 Interest or exercising any Duties or Powers of a Proprietor in any licensed 
 House : 
 " Clerk of the Peace" shall mean eveiy Clerk of the Peace and Person acting 
 
 as such, and every Deputy duly appointed : 
 "Medical Attendant" shall mean every Physician, Surgeon, and Apothe- 
 cary who shall keep any licensed House, or shall in his Medical Capacity 
 attend any licensed House, or any Asylum, Hospital, or other Place where 
 any Lunatic shall be confined : 
 "Justice" shall mean a Justice of the Peace : 
 
 "Asylum" shall mean any Lunatic Asylum already erected and established 
 under an Act passed in the Forty -eighth Year of the Reign of His late 
 Majesty King George the Third, intituled An Act for the better Care and 
 Maintenance of Lunatics, heiny Pavpers or Criminals, in England, or 
 erected and esiabhshed, or hereafter to be erected and established, under or 
 which have been made subject or liable to any of the Provisions of an Act 
 pi.ssed in the Ninth Year of the Reign of His late Majesty King George the 
 Fourth, intituled An Act to amend the Latvs for the Erection and Regulation 
 of County Lunatic Asylums, and more effectually to provide for the Care 
 and Mainlenance of Pauper and Criminal Lunatics, in England, or here- 
 after to be erected and established under the Provisions of any Act for tlie 
 Erection or Regulation of County or Borougli Lunatic Asylums : 
 " Hospital" shall mean any Hospital or Part of an Hospital or other House or 
 Institution (not being an Asylum) wherein Lunatics are received, and 
 supported wholly or partly by voluntary Contributions, or by any Charitable 
 Bequest or iiiiC, or by applying the Excess of Payments of some Patients 
 for or towards the Support, Provision, or Benefit of other Patients : 
 " Licensed House" shall mean a House licensed under the Provisions of this 
 
 Act, or of some Act hereby repealed, for the Reception of Lunatics : 
 " Oath" shall mean an Oath, and every Afhrmation or other Declaration or 
 Solemnity lawfully substituted ior au "Oath" in the Case of Quakers
 
 APPF.NDIX. 205 
 
 or other Persons exempted by Law from the Necessity of takiiv au 
 Oath: = 
 
 Words importing the Singular Number shall include the Plural Number, and 
 Words importing the Plural Number shall include the Singular Number, 
 and Words importing tlie Masculine Gender shall include Females. 
 
 Borovghs and Counties to comprise all Places therein not haviny separate 
 Commission of the Peace. 
 
 CXV. And be it enacteri, That for the Purposes of this Act every Borough 
 and County shall include every Place situate within the Limits of such Burou'lx 
 or County, and not having a separate Commission of the Peace ; and for the 
 Purposes of this Act every Place situate within the Limits of any Borougli or 
 County, and not having a separate Commission of the Peacu, shall be within the 
 Jurisdiction of the Justices of such Borough or County ; and that the Justices of 
 every Borough shall, for the Purposes of this Act, assemble in Special Sessi ms 
 at such Times as the Quarter Sessions for such Borough shall be holden ; and that 
 all Acts hercin-before reiiuired to be done by the Justices of Counties in General 
 or Quarter Sessions assembled may be done by the Justices of Boroughs at such 
 Special Sessions. 
 
 Act not to extend to Bethlehe n Hospital. 
 
 CXVI. And be it enacted, That nothing in this Act contained shall extend to 
 the Royal Hospital of Bethlehem, or any Building adjacent thereto antl used there- 
 with : Provided always, that it shall be lawful for any Cummissioner or <.ther 
 Person whom the Lord Chancellor or any One of Her Majesty's Principal Secre- 
 taries of State shall at any Time, by an Order in Writing under the Hand of the 
 said Lord Chancellor or Secretary of State, direct, tu visit and examine the Ifoval 
 Hospital of Bethlehem, and every or any Building adjacent thereto as aforesaid, and 
 every or any Person confined therein. 
 
 Act to be confined to England and Wales. 
 
 CXVIL And be it enacted, That this Act shall extend only to England and 
 Wales. 
 
 Alteration of Act. 
 
 CXVIII. And be it enacted, That this Act may be amended or repealed 
 by any Act to be passed in this present Session of Parliament. 
 
 SCHEDULES referred to by the foregoing Act. 
 SCHEDULE (A.) Section 30. 
 
 Form of Licence. 
 
 Know all Men, that we, the Commissioners in Lunacy, [or we 
 the undersigned Justices of the Peace, acting in and for in General 
 
 [or Quarter or Special] Sessions assembled,] do hereby certify, That A.B. 
 of in the Parish of in the County of 
 
 hath delivered to us [or the Clerk of the Peace] a Plan and Description of a House 
 and Premises proposed to be licensed for the Reception of Lunatics, situate 
 at in the County of [or, in the Case of a renewed 
 
 Licence, hath delivered to us [or the Clerk of the Peace] a List of the Number of 
 Patients now detained in a House and Premises licensed on the 
 Day of last, for the Reception of Lunatics, situate at 
 
 in the County of ], and we, having considered and approved the 
 
 same, do hereby authorize and empower the said A.B. (he in- 
 
 tending [or not intending] to reside therein) to use and employ the said House and 
 Premises for the Reception of Male [or Female, or
 
 206 APPENDIX. 
 
 Male and Female] Lunatics, of whom not more than 
 
 shall be private Patients, for the Space of Calendar Months from 
 
 this Date. 
 
 Sealed with our Common Seal [or given under our Hands and Seals], this 
 Day of in the Year of our Lord 18 . 
 
 Witness, 
 T.Z., Secretary to the Commissioners of Lunacy, 
 [or Clerk of the Peace]. 
 
 SCHEDULE (B.) Section 45. 
 Order fob the Eeception of a Private Patient. 
 
 I, the undersigned, hereby request you to receive A.£. a, Lunatic [or an insane 
 Person, or an Idiot, or a Person of unsound Mind], as a Patient into your House 
 [or Hospital]. Subjoined is a Statement respecting the said A.B. 
 
 (Signed) Name. 
 
 Occupation (if any) . 
 Place of Abode. 
 
 Degree of Relationship (if any), 
 or other Circumstances of 
 Connexion with the Patient. 
 Name of Patient, with Christian Name at length. 
 Sex and Age. 
 
 Married, single, or widowed. 
 
 Condition of Life, and Previous Occupation (if any). 
 Previous Place of Abode. 
 Religious Persuasion, so far as known. 
 Duration of existing Attack. 
 Whether First Attack. 
 Age (if known) on First Attack. 
 Whether subject to Epilepsy. 
 Whether suicidal or dangerous to others. 
 Previous Place of Confinement (if any). 
 
 Whether found lunatic by Inquisition, and Date of Commission. 
 Special Circumstances (if any) preventing the Patient being examined, before 
 
 Admission, separately, by Two Medical Practitioners. 
 Special Circumstances (if any) preventing the Insertion of any of above 
 Particulars. 
 
 (Signed) Name. 
 Dated this Day of One thousand eight hundred 
 
 and 
 
 To Proprietor [or Superintendent] of 
 
 [describing the House or Hospital by Situation and Name, if a«y]. 
 
 SCHEDULE (C.) Section 45. 
 
 Form of Medical Certificate in the Case of Private Patients. 
 
 I being a Physician, or Surgeon, or an Apothecary, dulj 
 
 authorized to practise as such, hereby certify, that I have this Day, separately 
 from any other Medical Practitioner, visited and personally examined A.B., the 
 Person named in the accompanying Statement and Order, and that the said A.B. 
 is a Lunatic [or an insane Person, or an Idiot, or a Person of unsound Mind], 
 and a proiier Person to be confined, and that I have formed this Opinion from the 
 following Fact or Facts ; viz. 
 
 (Signed) Name. 
 
 Place of A bode. 
 
 Dated this Day of One thousand eight hundred 
 
 and
 
 APPENDIX. 207 
 
 SCHEDULE (D.) Section 48. 
 
 Order for the Reception of a Pauper Patient. 
 
 We, the undersigned, having called to our Assistance a Physician [or Surgeon 
 or Apothecary, as the Case may 6e], not being the Medical Officer of the Parish or 
 Union to which the said A.B. belongs, and having personally examined A.B. a 
 Pauper, and being satisfied that the said A.B. is a Lunatic [or an insane Person, 
 or an Idiot, or a Person of unsound Mind], and a proper Person to be confined, 
 hereby request you to receive the said A.B. as a Patient into your House or 
 Hospital. 
 
 Subjoined is a Statement respecting the said A.B. 
 
 (Signed) Name. 
 A Justice of the Peace for the City or Borough 
 of [or an or the Officiating 
 
 Clergyman of the Parish of ]. 
 
 Name. 
 With the Relieving Officer of the Union or Parish 
 of [or with an Overseer of the 
 
 Parish of ]. 
 
 Statement. 
 
 Name of Patient, and Christian Name at length. 
 
 Sex and Age. 
 
 Married, single, or widowed. 
 
 Condition of Life, and previous Occupation (if any). 
 
 Previous Place of Abode. 
 
 Religious Persuasion, so far as known. 
 
 Length of Time insane. 
 
 Whether First Attack. 
 
 Age (if known) on First Attack. 
 
 Whether subject to Epilepsy. 
 
 Whether suicidal or dangerous to others. 
 
 Previous Places of Confinement (if any). 
 
 I certify that to the best of my Knowledge the above Particulars are cor- 
 rectly stated. 
 
 (Signed) 
 
 [To he signed by the Relieving Officer or Overseer signing the Order.] 
 
 Dated this Day of One thousand eight hundred 
 
 To Proprietor [or Superintendent] of 
 
 [describing the House or Hospital by Situation and Name, if any.] 
 
 Medical Certificate. 
 
 I, being a Physician, or Surgeon, or an Apothecary, duly autho- 
 
 rized to practise as such, hereby certify, That I have this Day personally examined 
 A.B., the Person named in the Statement and Order, and that the saiil .4.^. is a 
 Lunatic [or an insane Person, ur an Idiot, or a Person of an unsound Mind], and 
 a proper Person to be confined. 
 
 (Signed) Name. 
 
 Place of A bode. 
 
 Dated this Day of One thousand eight 
 
 hundred and
 
 208 
 
 APPENDIX. 
 
 
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 •japjo 
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 jap.iostd JO aaiBfj 
 
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 APPENDIX. 
 
 209 
 
 SCHEDULE (F.) Section 52. 
 
 Notice of Admission. 
 
 I HEREBY give you Notice, That A.B. was received into tliis House [or Hospi- 
 tal] as a Private [or Pauper] Patient on tiie Day of 
 
 and I hereby transmit a Copy of tiie Order and Medical Certificates 
 [or Certificate] on whicli lie was received. 
 
 Subjoined is a Statement with respect to the mental and bodily Condition of 
 the above-named Patient. 
 
 (Signed) 
 
 Superintendent 
 [or Proprietor] of 
 
 One thousand 
 
 Dated this 
 eight hundred and 
 
 Day of 
 
 Statement, 
 
 I have this Day seen and personally examined the Patient 
 
 named in the above Notice, and hereby certify that with respect to mental State 
 he [or she] and that with respect to bodily Health and Condition 
 
 he [or she] (Signed) 
 
 Medical Proprietor [or Superin- 
 tendent, or Attendant]. 
 Dated this Day of One thousand eight hundred 
 
 and 
 
 SCHEDULE (G. 1.) Section 54. 
 Registeb of Discharges and Deaths. 
 
 1 
 
 13 
 
 < 
 
 Q 
 
 Cm 
 
 o 
 
 1 ^ 
 
 o 
 
 55 
 
 i a 
 
 ■r. a 
 
 .§« 
 
 Sex and Class. 
 
 Discharged. 
 
 
 
 Assipned Cause 
 of Death. 
 
 
 
 
 .2"S 
 
 So 
 
 Private. 
 
 Pauper. 
 
 Reco- 
 vered. 
 
 r}„T,^„^A Notim- 
 Eeheved. p^^^^^j 
 
 Died. 
 
 Deatii. 
 
 5 
 c5 
 
 t ° 
 
 M. 
 
 F. 
 
 M. 
 
 F, 
 
 M. 
 
 F. 
 
 M. 
 
 F. 
 
 M. 
 
 F. 
 
 M. 
 
 F. 
 
 M. 
 
 F. 
 
 
 1816: 
 Sept. 1 
 
 1846: 
 Jan. 3 
 
 1 
 
 William 
 Johnson 
 
 . 
 
 . 
 
 1 
 
 . 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 1848: 
 Dec. 2 
 
 1848: 
 June 9 
 
 4 
 
 William 
 Johnson 
 
 . 
 
 . 
 
 1 
 
 - 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 1853: 
 Junes 
 
 1852: 
 May 6 
 
 7 
 
 WiUiam 
 Johnson 
 
 ■ 
 
 1 
 
 - 
 
 - 
 
 - 
 
 - 
 
 - 
 
 - 
 
 - 
 
 1 
 
 
 Phthisis 
 
 27 
 
 
 
 SCHEDULE (G. 2.) Section 54. 
 
 Form of Notice of Discharge or Death. 
 
 I hereby give you Notice, That 
 received into this House [or Hospital] on the 
 
 a Private [or Pauper] Patient, 
 Day of waa
 
 210 
 
 APPENDIX. 
 
 discharcred therefrom recovered [or relieved, or not improved,] by the Authority of 
 ° \or died therein, on the Day ot J. 
 
 (Signed) 
 
 Superintendent {or Proprietor] 
 of House [or Hospi- 
 
 tal] at 
 Day of One thousand eight hundred 
 
 Dated this 
 and 
 
 In case of Death, add 
 Death of the said 
 said 
 
 •and I further certify that 4.J5. was present at the 
 
 ; and that the apparent Cause of Death of the 
 
 [ascertained by post mortem examination {if so)] 
 
 SCHEDULE (H.) Section 59. 
 Form of Medical Journal and Weekly Report. 
 
 Number of 
 Patients. 
 
 Private. Pauper. 
 
 M. F 
 
 M. F. 
 
 Names of 
 
 Patients under 
 
 Restraint (and by 
 
 what Means) or 
 
 in Seclusion. 
 
 Males. 
 
 Females 
 
 Names of 
 
 Patients under 
 
 Medical 
 
 Treatment. 
 
 Males. 
 
 Females, 
 
 Eeport on State 
 
 of Health of 
 Patients and Con- 
 dition of House 
 or Hospital. 
 
 Deaths, 
 Injuries, and 
 Violences to 
 
 Patients. 
 
 SCHEDULE (I.) Section 100. 
 
 Form of Summons. 
 
 We, the Commissioners in Lunacy [or we whose Names are hereunto set and 
 Seals affixed, being Two of the Commissioners in Lunacy, or Visitors] appointed 
 under or by virtue of an Act passed in the Year of the Reign 
 
 of Her present Majesty, intituled [here insert the Title of the Act\ do hereby 
 summon and require you personally to appear before us at in the 
 
 Parish of in the County of on 
 
 next the Day of at the Hour of in 
 
 ^Ijg noon of the same Day, and then and there to be examined, and to 
 
 testify the Truth touching certain Matters relating to the Execution of the said 
 
 Act. . , r • 
 
 Sealed with the Common Seal of " The Commssioners in Lunacy' [or given 
 under our Hands and Seals], this Day of 
 
 in the Year of our Lord One thousand eight hundred and
 
 APPENDIX. 211 
 
 ANNO DECIMO SEXTO & DECIMO SEPTIMO 
 VICTORIA REGIN^. 
 
 CAP. XCVI. 
 
 An Act to amend an Act passed in the Ninth Year of Her Majesty, 
 " for the Regulation of the Care and Treatment of Lunatics." 
 
 [20th August 185.';.] 
 8 ct- 9 Vict. c. 100. 
 
 WHEREAS an Act was passed in the Ninth Year of Her Majesty, " for the 
 Regulation of the Care and Treatment of Lunatics :" And wliereas it is ex- 
 pedient to amend the said Act as herein-after mentioned : Be it therefore enacted 
 by the Queen's most Excellent Majesty, by and with tlie Advice and Consent of the 
 Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, 
 and by the Authority of the same, as follows : 
 
 Section 25 of recited Act repealed, and Provision as to what may be included in 
 
 One Licence. 
 
 I. Section Twenty-five of the said recited Act shall be repealed, and any One 
 Licence to be granted for the Reception of Lunatics may, in the Discretion of the 
 Commissioners or Justices granting such Licence, include Two or more Houses 
 belonging to One Proprietor or to Two or more joint Proprietors, provided that no 
 One of such Houses be separated from the other or others of tliera otherwise than 
 by Land in the same Occupation, and by a Road, or by either of such Modes ; and 
 all Houses, Buildings, and Lands intended to be included in any Licence shall be 
 specified, delineated, and described in the Plan required by Section Twenty-four of 
 the said recited Act. 
 
 The Person or One of tlie Persons receiving a Licence to reside on the Premises. 
 
 II. No Person having, after the passing of the said recited Act, received for the 
 First Time a Licence for the Reception of Lunatics, or hereafter receiving for the 
 First Time such Licence, shall receive a Licence unless he shall reside on the Pre- 
 mises licensed ; and no Two or more Persons having after the passing of the said 
 recited Act received for the First Time a joint Licence for the Reception of Luna- 
 tics, or hereafter receiving for the First Time such Licence, shall receive such 
 Licence unless they or One of them shall reside on the Premises licensed. 
 
 Sections 45, 4G, 47, 48, and 49 o/8 tfc 9 Vict. c. 100, repealed. 
 
 III. Sections Forty-five, Forty-six, Forty-seven, Forty-eight, and Forty-nine of 
 the said recited Act shall be repealed ; but such Repeal shall not prevent or defeat 
 any Prosecution for any Offence committed before the commencement of this Act, 
 and every such Offence shall and may be prosecuted, and every pending Prose- 
 cution continued, as if this Act had not been passed. 
 
 No Person not a Pauper to be received into a Hospital or licensed House 
 without a certain Order and Certificates. 
 
 IV. Save as herein-after otherwise provided, no Person (not being a Lunatic) 
 for or in respect of whom any Money shall be paid or .agreed to be paid shall be 
 boarded or lodged in any licensed House ; and, save where otherwise i)rovided or 
 authorized under this or any other Act, no Person (not being a Pauper) shall be 
 received as a Lunatic into any licensed House or Hospital without an Order under 
 the Hand of some Person according to the Form in Schedule (A.) No. 1. annexed 
 to this Act, together with such Statement of Particulars as is contained in the.«anie 
 Schedule, nor without the Medical Certificates, according to the Form in Schedule 
 
 p 2
 
 pi 2 APPENDIX. 
 
 (A.) No. 2. annexed to this Act, of two Persons, each of whom shall be a Physician, 
 Surgeon, or Apotliecaiy, and shall not be in Partnership with or an Assistant to the 
 other, and each of whom shall separately from the other have personally examined 
 the Person to whom the Certificate signed by him relates not more than Seven 
 clear Days previously to the Reception of such Person into such House or Hos- 
 pital ; and such Order as aforesaid may be signed before or after the Medical Certifi- 
 cates or either of them ; and every Person who shall receive any such Person as 
 aforesaid into any such House or Hospital as afoiesaid (save where otherwise 
 provided or authorized under this or any other Act) without such Order and 
 Medical Certificates as aforesaid shall be guilty of a Misdemeanor. 
 
 Proviso that in certain Cases any Person may he received on a Certificate 
 signed by One Medical Practitioner only. 
 
 V. Provided always, That any Person (not a Pauper) may, under special Cir- 
 cumstances preventing the Examination of such Person by Two Medical Practi- 
 tioners as aforesaid, be received as a Lunatic into any licensed House or any Hos- 
 pital upon such Order as aforesaid, and with the Certificate of one Physician, 
 Surgeon, or Apothecary alone, provided that the Statement accompanying such 
 Order set forth the special Circumstances which prevent the Examination of such 
 Person by Two Medical Practitioners ; but in everj' such Case Two other such 
 Certificates shall, within Three clear Days after his Reception into such House or 
 Hospital, be signed by Two other Persons, each of whom shall be a Physician, 
 Surgeon, or Apothecary, not in Partnersliip with or an Assistant to the other or the 
 Physician, Surgeon, or Apothecary who signed the Certificate on which the Patient 
 was received, and not connected with such House or Hospital, and shall within 
 such Time and separately from the other of them have personally examined the 
 Person so received as a Lunatic ; and every Person who, having received any Per- 
 son as a Lunatic into any House or Hospital as aforesaid upon the Certificate of 
 One Medical Practitioner alone as aforesaid, shall keep or permit such Person to 
 remain in such House or Hospital beyond the said Period of Three clear Days 
 without such further Certificates as aforesaid, shall be guilty of a Misdemeanor. 
 
 Any Person discharged may, with Assent of Visitors or Commissioners, be retained 
 in licensed House, and a Relative or Friend may, with like Assent, he received 
 therein. 
 
 VI. Provided also, That it shall be lawful for the Proprietor or Superintendent of 
 any licensed House, with the previous Assent in Writing of Two of the Commis- 
 sioners, such Assent not to be given until after such Commissioners have, by 
 personal Examination of the Patient, satisfied themselves of his Desire to remain, 
 to entertain and keep in such House as a Boarder any Person who may have been 
 discharged as a Patient from such House for such Time after such Discharge as he 
 may desire to remain, not exceeding the Time specified in such Assent, and also, 
 for the Benefit of any Patient in such House, and with the previous Assent in 
 Writing of Two of the Commissioners, to receive and accommodate as a Boarder 
 therein, for a Time to be specified in the Assent, any Relative or Friend of such 
 Patient, and any Two of the Commissioners may from Time to Time, by any Writ- 
 ing under their Hands, extend or i-evoke any such Assent as aforesaid ; and every 
 such Patient so retained after Dischaige, and every such Relative or Frieml so 
 accommodated, shall, if required, be produced to the Commissioners and Visitors 
 respectively at their respective Visits. 
 
 Paupers not to be received without a certain Order and Certificate. 
 
 VII. Save where otherwise p)rovided or authorized under any Act, no Pauper 
 shall be received into any licensed House or any Hospital without an Order accord- 
 ing to the Form in Schedule (B.) No. 1. annexed to this Act, under the Hand of 
 One Justice, or under the Hands of an Officiating Clergyman, and the Relieving 
 Officer or One of tlie Overseers of the Union or Parish from which such Pauper 
 shall be sent, together with such Statement of Particulars as is contained iu the
 
 APPENDIX. 213 
 
 same Scliedule, nor without tlie Medical Certificate, according to the Form in 
 Scliedule (B.) Is'o. 2. annexed to this Act, of a I'liysician, Surgeon, or Ajwthecary, 
 who shall iiave personally examined the Pauper to whom it relates not more than 
 Seven clear Days previously to his Reception ; and every Person who siiall receive 
 any Pauper into any such House or Hospital as aforesaid (save where otherwise 
 provided or authorized under any Act) without such Order and Medical Certificate 
 as last aforesaid shall be guilty of a Misdemeanor : Provided always, that this 
 Enactment shall not by Implication or otherwise give any Power or Authority to 
 make such Order, or extend, alter, or affect any Power or Authority expressly* 
 given by any Act to any Justice, OflSciating Clergyman, Relieving Officer or 
 Overseer to make or join in making any such Order, or any Provisions giving or 
 relating to such Power or Authority. 
 
 The like Order and Certificates for Reception of a single Patient as for Reception 
 of a private Patient into a licensed House. 
 
 VIII. Where, under Section Ninety of the said recited Act, the like Order and 
 Medical Certificates are required on the Reception or taking the Charge or Care of 
 any One Person as a Lunatic or alleged Lunatic as are therein-before required on 
 the Reception of a Patient (not being a Pauper) into a licensed House, the like 
 Order and Medical Certificates (in lieu of those required as first aforesaid) shall 
 hereafter be required on the Reception or takiug the Charge or Care of any such 
 Person as are by this Act required on the Reception of a Patient (not being a 
 Pauper) into a licensed House. 
 
 Penalty on Officers, <i:c., ill-treating Lunatics. 
 
 IX. If any Superintendent, OflScer, Nurse, Attendant, Servant, or other Per- 
 son employed in any registered Hospital, or licensed House, or any Person having 
 the Care or Charge of any single Patient, or any Attendant of any single Patient, 
 in any way abuse, or ill-treat, or wilfully neglect any Patient in suc'i Hospital or 
 House, or such single Patient, or if any Person detaining, or taking or having the 
 Care or Charge, or concerned or taking Part in the Custody, Care, or Treatment, of 
 any Lunatic or Person alleged to be a Lunatic, in any way abuse, ill-treat, or wil- 
 fully neglect such Lunatic or alleged Lunatic, he shall be guilty of a Misdemeanor, 
 and shall be subject to Indictment for every such Offence, or to forfeit for every 
 such Offence, on a summary Conviction thereof before Two Justices, any Sum not 
 exceeding Twenty Pounds. 
 
 Medical Certificate to specify Facts upon ivJiich Opinion of Insanity has 
 heen formed. 
 
 X. Every Physician, Surgeon, and Apothecary signing any Certificate under 
 or for the Purposes of this Act shall specify therein the Facts upon which he has 
 formed his Opinion that tiie Person to whom such Certificate relates is a Lunatic, 
 an Idiot, or a Person of unsound Mind, and distinguish in such Certificate Facts 
 observed by himself from Facts communicated to him by others ; and no Person 
 shall be received into any registered Hospital or licensed House, or as a single 
 Patient, under any Certificate which purports to be founded only upon Facts com- 
 municated by others. 
 
 Orders and Medical Certificates may he amended. 
 
 XI. If after the Reception of any Lunatic ic appear that the Order or the 
 jMedical Certificate, oi (if more than One) boih or either of the JMedieal Certificates, 
 upon which he was received, is or are in any respect incorrect or defective, such 
 Order and Medical Certificate or Certificates may be amended by the Person sign- 
 ing the same at any Time within Fourteen Days next after the Reception of such 
 Lunatic ; ])rovided nevertheless, that no such Amendment shall have any Force or 
 Effect unless the same shall receive the Sanction of One or more of the Com- 
 missioners.
 
 214) APPENDIX. 
 
 Who not to sic/n Certificates, d:c. 
 
 XII. No Ph3'sician, Surgeon, or Apothecary who, or whose Father, Brother, 
 Son, Partner, or Assistant, is wholly or partlv the Proprietor of, or a regular Pro- 
 fessional Attendant in, a licensed House or a Hospital, shall sign any Certificate for 
 the Reception of a Patient into such House or Hospital ; and no Physician, 
 Surgeon, or Apothecary shall himself, or by his Servants or Agents, receive to 
 board or lodge in any unlicensed House, or take the Charge or Care of any Person 
 upon or under any Medical Certificate signed by himself or his Father, Brother, 
 Son, Partner, or Assistant, and no Pliy.siciau, Surgeon, or Apothecary having 
 (either before or after the passing of this Act) signed any Certificate for the liecep- 
 tioa of any Person shall be the regular professional Attendant of such Person while 
 under Care or Charge under such Certificate ; and no Physician, Surgeon, or 
 Apothecary who, or whose Father, Brother, Son, Partner, or Assistant, shall sign 
 the Order herein-before required for the Reception of a Patient, shall sign any 
 Certificate for the Reception of the same Patient. 
 
 A Medical Man giving false Certificates, &c., and a Person not being a Medical 
 Man giving Certificates as such, guilty of a Misdemeanor. 
 
 XIII. Any Physician, Surgeon, or Apothecary who shall sign any Certificate, or 
 do any other Act (not declared to be a Misdemeanor) contrary to any of the Pro- 
 visions herein contained, shall for every such Offence forfeit any Sum not exceeding 
 Twenty Pounds; and any Physician, Surgeon, or Apothecary who shall falsely state 
 or certify anything in any Certificate under this .Vet, and any Person who shall 
 sign any Certificate under this Act in which he shall be described as a Physician, 
 Surgeon, or Apothecary, not being a Physician, Surgeon, or Apothecary respectively 
 within the Meaning of this Act, shall be guilty of a Misdemeanor. 
 
 Commissioners may permit Medical Visitation of any single Patient less frequently 
 than once a Fortnight, hut if Patient be in the Care of a Medical Man he is to 
 make an Entry once a Fortnight as to Patient's Health. 
 
 XIV. It shall be lawful for the Commissioners, by an Order under their Com- 
 mon Seal, where they see fit so to do, to permit the Visitation of any single Patient 
 by a Physician, Surgeon, or Apothecary less frequently than once in every Two 
 Weeks, as required by Section Ninety of the said recited Act, and to prescribe 
 from Time to Time how often any single Patient shall be visited by such a Physician, 
 Surgeon, or Apothecary as therein mentioned ; but where such Visitation of any 
 single Patient so often as once in every Two Weeks is so dispensed with, and such 
 Patient is in the Care or Charge of a Physician, Surgeon, or Apothecary, such 
 Physician, Surgeon, or Apothecary shall once at the least in every Two Weeks make 
 an Entry in a Book to be kept for that Purpose, to be called " The Medical Journal," 
 of the Condition of the Patient's Health, both mental and bodily, together with the 
 Date of such Entry, and such Book shall be produced to the Visiting Commis- 
 sioner on every Visit, and shall be signed by him as having been so produced, and 
 every such Physician, Surgeon, or Apothecary who shall make an untrue Entry 
 in the said Book shall be guilty of a Misdemeanor. 
 
 Visitors of licensed Houses may visit single Patients on Request of Commissioners. 
 
 XV. It shall be lawful for One or more of the Visitors appointed in or for any 
 County or Borough under the said recited Act, upon the Request in Writing of the 
 Commissioners, or any Two of them, under their Hands so to do, to visit any 
 Person detained in any unlicensed House in such County or Borough as a single 
 Patient, and to inquire into and report to the Commissioners on the Treatment 
 and State of Health, bodily an<l mental, of such Patient, and to inspect the Order 
 and Certificates on which such Person was received ; and the Provisions of the said 
 recited Act for and concern inf^ the Remuneration or Payment of any such Visitor, 
 being a Physician, Surgeon, or Apothecary, in respect of the Execution of the Duties 
 of that Act, and for the Payment of the Costs, Charges, and Expenses incurred by
 
 APPENDIX. 215 
 
 any Visitor, in Proceedings under that Act, shall extend and be applicable to and 
 for the Remuneration or Payment of any V'isitor, being a Physician, Surgeon, or 
 Apothecary, visiting as aforesaid any single Patient, and to and for the Payment 
 of the Costs, Charges, and Expenses incurred by any Visitor in or about such 
 Visit as aforesaid. 
 
 Annual Report to he made to the Commissioners iy every Medical Man visiting 
 or having Charge of a single Patient. 
 
 XVI. Every Physician, Surgeon, and Apothecary who visits any single 
 Patient, or under v^hose Care or Charge any single Patient shall be, shall on 
 the Tenth Day of January, or within Seven Days from that Time, in every 
 Year, report in Writing to the Commissioners the State of Health, bodily and 
 mental, of such Patient, with such other Circumstances as he may deem neces- 
 sary to be communicated to the Commissioners ; and it shall be lawful for the 
 Commissioners, at any other Time and from Time to Time as they see occasion, 
 to call for and require from any such Physician, Surgeon, or Apothecar}- a 
 Report in Writing relative to any single Patient visited by him or under his 
 Care or Charge in such Form and specifying such Particulars as the Commis- 
 sioners may direct. 
 
 Provisions concerning Discharge of Patients from licensed Houses by Relatives 
 extended to single Patients. 
 
 XVII. The Provisions contained in Sections Seventy-two and Seventy-three 
 of the said recited Act for the Discharge of Patients (not being Paupers) from 
 licensed Houses shall extend and be applicable to and for the Discharge of any single 
 Patient : Provided always, that this Enactment shall not extend to authorize the 
 Discharge of any single Patient, if the Physician, Surgeon, or Apothecary who 
 has the Care or Charge of or visits such Patient certify in Writing under his Hand 
 that in his Opinion sucli Patient is dangerous, and unfit to be at large, together 
 with the Grounds on which such Opinion is founded, unless One of the Commis- 
 sioners shall consent in Writing to the Discharge of such Patient. 
 
 Lord Chancellor, upon Report of Commissiotiers, may order Discharge, etc. 
 of any single Patient. 
 
 XVIII. It shall be lawful for the Lord Chancellor, upon the Report of the 
 Commissioners in Lunacy, to order the Discharge of any Person received or 
 detained as a single Patient, or to give such Orders and Directions in reference to 
 such Patient as the Lord Chancellor shall think fit ; and any Person detaining any 
 such Patient for the Space of Three Days after a Copy of such Order for his Dis- 
 charge shall have been served on him, or left at the House in which such Person so 
 ordered to be discharged is detained, shall be guilty of a Misdemeanor. 
 
 On Recovery of a Patient Notice to be given to Friends, and in the Case of a Pauj)er 
 to Guardians, <tc., and in default of Discharge or Removal, to Commissioners 
 and Visitors. Provision in Case of Death of Patient in any Hospital or licensed 
 House. 
 
 XIX. The Superintendent or Proprietor of every registered Hospital and 
 licensed House, and every Person having the Care or Charge of any sinyle Patient, 
 shall forthwith, upon the Recovery of any Patient in such Hospital or House, 
 or of such single Patient, transmit Notice of such Recovery in the Case of a Patient 
 not a Pauper to the Person who signed the Order for his Reception, or by whom 
 the last Payment on account of such Patient was made, and in the C;ise of a 
 Pauper to the Guardians of his Union or Parish, or if there be no such Guardians 
 to One of the Overseers of the Poor of his Parish, or if such Pauper be chargeable 
 to any County to the Clerk of the Peace thereof, and in case such P:itient be not 
 discharged or removed within Fourteen Days from the giving of such Notice, such 
 Superintendent, Proprietor, or Person as aforesaid shall immediately after the
 
 216 APPENDIX. 
 
 Expiration of such Period transmit Notice of the Eecovery of such Patient to the 
 Commissioners, and also, in the Case of a licensed House within the Jurisdiction 
 of any Visitors, to the Clerk of such Visitors, with the Date of the Notice 
 Hrstly in this Enactment mentioned, and where Notice is so given to the Clerk of 
 any Visitors he shall forthwith communicate the same to the Visitors, or Two of 
 them, One of whom shall be a Physician, Surgeon, or Apothecary ; and in case of 
 the Death of any Patient in any Hospital or licensed House, a Statement setting 
 forth the Time and Cause of the Death, and the Duration of the Disease of which 
 such Patient died, shall be prepared and signed by the Medical Person or Persons 
 who attended the Patient during the Illness which terminated in Death, and such 
 Statement shall be entered in the " Case Book," and a Copy of such Statement, 
 certified by the Superintendent or Proprietor, shall, within Two Days of the Date 
 of the Death, be transmitted to the Coroner for the County or Borough, and in 
 case such Coroner, after receiving such Statement, shall think that any reasonable 
 Suspicion attends the Cause and Circumstances of the Death of such Patient, he 
 shall summon a Jury to inquire into the Cause of such Death. 
 
 Provision authorizing Transfer of private and single Patients. 
 
 XX. Any Person, having Authority to order the Discharge of any Patient (not 
 being a Pauper) from any Asylum, registered Hospital, or licensed House, or of any 
 single Patient, may, with the previous Consent in Writing of Two of the Commis- 
 sioners, direct, by an Order in Writing under his Hand, the Eemoval of such 
 Patient to any Asylum, registered Hospital, or licensed House, or to the Care or 
 Charge of any Person mentioned or named in such Order ; and every such Order 
 and Consent shall be made and given respectively in duplicate, and One of the 
 Duplicates shall be delivered to and left with the Superintendent or Proprietor of 
 the' Asylum, Hospital, or House from which or the Person from whose Care or 
 Charge the Patient is ordered to be removed, and the other Duplicate shall be 
 delivered to and left with the Superintendent or Proprietor of the Asylum, Hospital, 
 or House into which or the Person into whose Care or Charge the Patient is ordered 
 to be removed; and such Order for Removal, together with such Consent in Writing, 
 shall be a sufficient Authority for the Removal of such Patient, and also for his 
 Reception into the Asylum, registered Hospital, or licensed House into which or 
 by the Person into whose Care or Charge he is ordered to be removed : Provided 
 always, that a Copy of the Order and Certificates upon which such Patient was 
 received into the Asylum, Hospital, or House from which he is removed, or as a 
 single Patient, by the Person from whose Care he is removed, certified under the 
 Hand of the Superintendent or Proprietor of such Asylum, Hospital, or House, or of 
 such Person as last aforesaid, to be a true Copy, shall be furnished by him free of 
 Pixpense, and shall be delivered, with one Duplicate of the said Order of Removal 
 and Consent, to the Superintendent or Proprietor of the Asylum, Hospital, or 
 House, to which or to the Person to whose Care or Charge such Patient is 
 removed. 
 
 Notice of Discharge of single Patients to he sent to the Commissioners. 
 
 XXI. Every Person from whose Care or Charge any single Patient shall be 
 discharged shall transmit to the Commissioners a written Notice of such Discharge 
 within the like Period, and under the like Penalty for Default, as by the said 
 recited Act is required and provided in the Case of the Discharge of a Patient from 
 a licensed House. 
 
 Provisions as to Change of Residence of Persons having Charge of single Patients, 
 and temporary Removal of Patients for Benefit of Health. 
 
 XXII. It shall be lawful or any Person having the Care or Charge of a single 
 Patient to change his Residence, and remove such Patient to any new Residence 
 of such Person, in England, provided that Seven clear Days before such Change of
 
 APPENDIX. 217 
 
 Residence he give Notice in Writing thereof, and of the Place of such new Resi- 
 dence, to the Commissioners and to the Person who signed the Order for the Recep- 
 tion of such Patient, or by wliom the last Payment on account of such Patient 
 was made ; and it shall be lawfid for any Person having the Care or Charge of any 
 single Patient, having first obtained the Consent of Two of the Conmiissioners, to 
 take or send such Patietit, under proper t]!ontrol, to any specified Place or Places, 
 for any definite Time, for the Benefit of his Health : Provided always, that before 
 any such Consent shall be given, the Approval in Writing of the Person who 
 signed the Order for the Reception of such Patient, or by whom the last Payment 
 on account of such Patient was made, shall be produced to such Commissioners, 
 unless they shall, on Cause being shown, dispense with the same. 
 
 On Representation of Commissioners Lord Chancellor may require Statement of 
 Property of Lunatic detained for One Year. 
 
 XXIII. Where any Person has already been received as a Lunatic under 
 Order and Certificates, and shall be detained thereunder, and where any Person 
 shall hereafter be in like Manner received and detained, and the Commissioners 
 represent to the Lord Chancellor that it is desirable that the Extent and Nature of 
 his Income should be ascertained, and the Application thereof, the Lord Chan- 
 cellor may, if he think fit, through the Registrar in Lunacy, require that the Person 
 signing the Order, or other the Person paying for the Care and Maintenance of the 
 Lunatic or having the IManagement of the Property, shall transmit to the Lord 
 Chancellor a Statement in Writing, to the best of his Knowledge, of thu Parti- 
 culars of the Property and Income of tlie Lunatic and of the Application of the 
 Income. 
 
 Form of Notice of Admission. 
 
 XXIV. The Notice of Admission and Statement mentioned or referred to in 
 Section Fifty-two of the said recited Act shall hereafter be according to the Form 
 mentioned in Schedule (C.) annexed to this Act, in lieu of the Form set forth in 
 Schedule (F.) to the said recited Act ; and such Statement shall be signed by the 
 Medical Superintendent, Proprietor, or Attendant of the Hospital or licensed 
 House from which the same is sent, and the said Notice and Statement shall 
 be accompatued by a Copy of the several Documents mentioned in the said 
 Notice. 
 
 Form of Medical Visitation Booh. 
 
 XXV. The Medical Visitation Book mentioned in Section Fifty-nine of the 
 said recited Act shall henceforth be kept in the Form set forth in Schedule (D.) 
 annexed to this Act, in lieu of the Form set forth in Schedule (H.) to the said 
 recited Act; and the said Section shall be construed as if the Particulars mentioned 
 in the several Heads of the said Form in the said Schedule (D.) had by the said 
 Section been required to be entered in the said Book in lieu of the Particulars men- 
 tioned in the said Section. 
 
 Notice of Dismissal for Misconduct of Attendants to he sent to Commissioners. 
 
 XXVI. The Superintendent or Proprietor of every registered Hospital or 
 licensed House shall, within One Week after the Dismissal for Misconduct of any 
 Nurse or Attendant emjiloyed in such Hospital or House, transmit to the Commis- 
 sioners, by the Post, Information in Writing under his Hand of such Dismissal, and 
 of the Cause thereof; and every Superintendent or Proprietor neglecting to trans- 
 mit such Information to the Commissioners within the Period aforesaid shall for 
 every such Oflfeuce forfeit any Sum not exceeding Ten Pounds. 
 
 Powers vested in Private Committee to be vested in the Commissioners. 
 
 XXVII. Section Eighty-nine of the said recited Act, constituting from among 
 the Commissioners a Private Committee for the Purposes in the said Act mentioned
 
 218 APPENDIX. 
 
 shall be repealed, and all the Powers vested in, and all the Provisions of the said 
 Act applicable to, the said Private Committee, or One or Two Members thereof, 
 shall be vested in and be applicable to the Commissioners, or One Commissioner, 
 or Two Commissioners, (as the Case may require,) as if, where in the said Act tbe 
 said Private Committee, or One Member or Two Members thereof, (as the Case 
 may be, ) is or are mentioned or referred to, the Commissioners, or One Commis- 
 sioner, or Two Commissioners, (as the Case may require,) had been mentioned or 
 referred to, instead thereof. 
 
 Repeal of Section 111. of recited Act, and Provision as to 
 Visitation of Workhouses. 
 
 XXVIII. Section One hundred and eleven of the said recited Act shall be 
 repealed, and any One or more of the Commissioners shall and may on such Day 
 or Days, and at such Hours in the Day, and for such Length of Time as he or they 
 shall think fit, -lisit all such Parish and Union Workhouses in which there shall be 
 or be alleged to be any Lunatic, as the Commissioners shall by any Eesolution or 
 Resolutions of tbe Board direct, and shall inquire whether the Provisions of the 
 Law as to Lunatics in such Parish or Union have been carried out, and also as to 
 the Dietary, Accommodation, and Treatment of the Lunatics in such Workhouses, 
 and shall report in Writing thereon to the Poor Law Board. 
 
 Commissioners may in any special Case employ Persons to make the necessary 
 Inquiries, and report to them thereon. 
 
 XXIX. It shall be lawful for the Commissioners, where, for any Eeasons to be 
 entered upon the Minutes of the Board, any Case appears to them speci: lly to call 
 for immediate Investigation, to authorize and direct, by an Order under their Com- 
 mon Seal, any competent Person or Persons to visit and examine and report to them 
 upon the mental and bodily State and Condition of any Lunatic or alleged 
 Lunatic in any Asylum, Hospital, or licensed House, or of any Pauper Lunatic in 
 a Workhouse or elsewhere, or of any Lunatic or alleged Lunatic under the Care or 
 Charge of any Person as a single Patient, and to inquire into and report upon any 
 Matters into which the Commissioners are authorized to inquire ; and every such 
 Person shall, for the special Purposes mentioned in such Order, have all the Powers 
 of a Commissioner ; and the Commissioners may allow to every such Person a 
 reasonable Sum for his Services and Expenses, such Sum to be paid in Manner pro- 
 vided by the said recited Act with regard to Expenses incurred by or under the 
 Authority of the Commissioners in Proceedings thereunder ; but this Enactment 
 shall not be taken to exonerate the Commissioners from the Performance of any 
 Duty by Law imposed on them. 
 
 Regulations for Hospitals to he submitted to Secretary of State. 
 
 XXX. The Committee having the Management or Government of every regis- 
 tered Hospital shall, within Three Months after the passing of this Act in the Case 
 of every Hospital now registered, and within Three Months after the Kegistration 
 of every Hospital hereafter to be registered under the said recited Act, submit the 
 existing llegulations, or Regulations to be framed by such Committee, to One of 
 Her Majesty's Principal Secretaries of State, for his Approval, and any such Com- 
 mittee may, with the like Approbation, alter and vary such Regulations as they 
 think necessary ; and all such Regulations so approved shall be printed, abided by, 
 and observed, and a Copy thereof shall be sent to the Commissioners, and another 
 Copy thereof kept hung up in the Visitors' Room of the Hospital. 
 
 Commissioners may make Regulations for the Oovernment of licensed Houses. 
 
 XXXI. It shall be lawful for the Commissioners, with the Sanction and Appro- 
 bation of One of Her Majesty's Principal Secretaries of State, from Time to Time 
 to make Regulations for the Government of any House licensed for the Reception
 
 APPENDIX. 219 
 
 of Lunatics ; and such Regulations of the Commissioners, or a Copy thereof, shall 
 be transmitted by their Secretary to the Proprietor or resident Sn])erintendeDt of 
 every licensed House to which the same relate, and shall be abided by and observed 
 therein. 
 
 Time at which Reports of Commissioners to the Lord Chancellor as to State of 
 Asylums, ttc, a?'e to be made. 
 
 XXXII. The Eeport required by Section Eighty-eight of the said recited Act 
 to be made by the Commissioners to the Lord Chancellor in the Month of June in 
 every Year of the State and Condition of the several Houses, Hospitals, Asylums, 
 and other Places visited by them under that Act, and of the Care of the Patients 
 therein, and of such other Particulars as they think deserving of Notice, shall be 
 made in or before the Month of March in every Year, and shall be made up to the 
 End of the preceding Year. 
 
 Provision for Payment of Persons employed to inspect Places where Lunatics are 
 confined extended to Persons visiting under s. 112. 0/8 <& 9 Vict. c. 100. 
 
 XXXIII. The Provision in Section One hundred and thirteen of the said recited 
 Act, for and concerning the Payment for Attendance and Trouble of any Person 
 (not being a Commissioner) employed under that Enactment, and of the travelling or 
 other Expenses of any Person so employed, and as to the Fund out of which such 
 Payment is to be made, shall extend and be a])plicable to and in the Case of any 
 Person (not being a Commissioner) required to visit and examine any Lunatic or 
 supposed Lunatic under Section One hundred and twelve of the said recited 
 Act. 
 
 Penalty on Persons obstructing Execution of Orders of Lord Chancellor or Secretary 
 of State made under ss. 112. or 113. of recited Act, or of Commissioners made 
 under this Act. 
 
 XXXIV. Any person who wilfully obstructs the Commissioners or any of them, 
 or any otlier Person authorized by an Order in Writing under the Hand of the 
 Lord Chancellor or Her Majesty's Principal Secretary of State for the Home De- 
 partment, pursuant to the Provisions of Section One hundred and twelve or One 
 hundre<l and thirteen of the said recited Act, to visit and examine any Lunatic or 
 supposed Lunatic, or to inspect or inquire into the State of any Asylum, Hospital, 
 Gaol, House, or Place wherein any Lunatic or Person represented to be lunatic is 
 confined or alleged to be confined, in the Execution of such Order, and any Pei-son 
 who wilfully obstructs any Person autliorized under this Act by any Order of the 
 Commissioners to make any Visit and Examination or Inquiry in the Execution of 
 such Order, sliall (without Prejudice to any Proceedings, and in Addition to any 
 Punishment to which such Person obstructing the Execution of such Order would 
 otherwise be liable,) forfeit for every such Offence any Sum not exceeding Twenty 
 Pounds. 
 
 Sect. 116 of recited Act repealed, and Bethlehem Hospital to be 
 subject to this Act. 
 
 XXXV. Section One hundred and sixteen of the said recited Act shall be 
 repealed, and the Royal Hospital of Bethlehem shall henceforth be subject to the 
 Provisions of the said recited Act and of this Act, in the same Manner as if the 
 same had not been exempted from the said recited Act, and shall be forthwith 
 registered as an Hospital accordingly, in pursuance of Section Forty-three of the 
 said recited Act. 
 
 Interpretation of Terms. 
 
 XXXVI. In the Construction of the said recited Act and of this Act the 
 Words "Physician," "Surgeon," and "Apothecary" sliall respectively mean a 
 Piiysician, Surgeon, and Apothecary duly autiiorized or licensed to practise as such 
 by or as a Member of some College, University, Company, or Institution legally
 
 220 APPENDIX. 
 
 constituted and qualified to grant such Authority or Licence in some Part of the 
 United Kingdom, or having been in Practice as an Apothecary in England or Wales 
 on or before the First Day oi August, One thousand eight hundred and fifteen, and 
 being in actual Practice as such Physician, Surgeon, or Apothecary ; the Expression 
 " Officiating- Clergyman of the Parish" shall include the Chaplain of the Workhouse 
 of the same Parish, or of the Workhouse of the Union to which such Parish belongs ; 
 the Expression "single Patient" shall mean any Person received or taken charge 
 of as a Lunatic under Section Ninety of the said recited Act, or under such Section 
 as amended by this Act ; and the Expression "Attendant" shall mean any Person, 
 whether Male or Female, who shall be employed either wholly or partially in the 
 personal Care, Control, or Management of any Lunatic in any registered Hospital, 
 or licensed House, or of any single Patient ; and in the Construction of this Act the 
 Word " Board," as used in relation to the Commissioners in Lunacy, shall mean 
 any Three or more of the Commissioners assembled at a Meeting convened in 
 pursuance of Section Sixteen of the said recited Act, or holden under any Order or 
 Rule for the Time being in force made under Section Seventy of the said recited 
 Act for regulating the Duties of tlie Commissioners. 
 
 Recited Act and this A ct to he construed as One A ct, &c. 
 
 XXXVIL The said recited Act and this Act shall be construed together as 
 One Act, and a Queen's Printer's Copy of this Act shall be bound up in the " Visitors 
 Jjook" of every Hospital and licensed House together with the said recited Act. 
 
 Act not to affect Provisions relating to Crimincd Lunatics, 39 d; 40 0. 3. c. 94., 
 1 <fc 2 Vict. c. 14., a7id 3 <£-• 4 Vict. c. 54., save as herein provided. 
 
 XXXVIII. Nothing in this Act shall aflTect the Provisions of any of the fol- 
 lowing Acts ; (that is to say,) an Act of the Session holden in the Thirty-ninth and 
 Fortieth Years of King George the Third, Chapter Ninety-four ; an Act of the 
 Session holden in the First and Second Years of Her Majesty, Chapter Fourteen ; 
 and an Act of the Session holden in the Third and Fourth Years of Her Majesty, 
 Chapter Fifty- four, or any other Provisions concerning Criminal Lunatics, save as Ijere- 
 in-after provided ; that is to say, it shall be lawful for One of Her Majesty's Prin- 
 cipal Secretaries of State to issue his Warrant to remove or discharge any insane 
 Person who shall be in Custody under the Provisions of the said Act of the Third 
 and Fourth Years of Her Majesty, Chapter Fifty-four, provided it shall be duly 
 certified to such Secretary of State, by two Physicians or Surgeons, that such 
 ins.ane Person was harmless and might be discharged from Kestraint as an insane 
 Person without Danger to himself or to others, in like Manner as if it had been certi- 
 fied to such Secretary of State that such Person had become of sound Mind, any- 
 thing in the said Act or any other Act to the coptrary thereof in anj'wise not- 
 withstanding. 
 
 Secretary to the Commissioners, if at the Time of his Appointment a practising 
 Bandster of Five Years standing, eligible to be appointed a Commissioner. 
 
 XXXIX. And whereas by the said recited Act it is provided that every Person 
 to be appointed in the Room of any Commissioner, being a Barrister of Five 
 Years standing at the liar and -upwards, shall be a practising Barrister of not less 
 than Five Years standing at the Bar : And whereas it is expedient to amend the 
 said Provisions as herein-after mentioned ; the present or any future Secretary to 
 the Commissioners, if at the Time of his Appointment to be such Secretary he was 
 or shall have been a jiractising Banister of not less than Five Y^ears standing at the 
 Bar, shall be eligible to be appointed a Commissioner in the Room of any such 
 Commissioner as aforesaid. 
 
 Commencement of Act. 
 
 XL. This Act shall commence and come into operation on the First Day of 
 November, One thousand eight hundred and fifty-thiee.
 
 APPENDIX. 221 
 
 SCHEDULES to the foregoing Act. 
 
 SCHEDULE (A.) No. 1. Sections 4, 8. 
 Order for the Reception of a Private Patient. 
 
 I, the Undersigned, hereby request you to receive ^.5., a Lunatic, [or an Lliot, 
 or a Person of unsound Mind,] as a Patient into your House [or Hospital]. Sub- 
 joined is a Statement respecting the sa,idA.B. 
 
 (Signed) Name. 
 
 Occupation (if any). 
 Place of Abode. 
 
 Degree of Relationship (if any), or 
 other Circumstance of Connexion 
 with the Patient. 
 Dated this Day of One thousand eight 
 
 hundred and 
 
 To Proprietor [or Superintendent] of 
 
 [describing the House or Hospital by Situation and Name, if any]. 
 
 Statement. 
 
 [// any Particulars in thin Statement he not known, the Fact to be so stated.} 
 
 Name of Patient, with Christian Name at Length. 
 
 Sex and Age. 
 
 Married, single, or widowed. 
 
 Condition of Life, and previous Occupation (if any). 
 
 The Religious Persuasion, as far as known. 
 
 Previous Place of Abode. 
 
 Whether First Attack. 
 
 Age (if known) on First Attack. 
 
 When and where previously under Care and Treatment. 
 
 Duration of existing Attack. 
 
 Supposed Cause. 
 
 Whether subject to Epilepsy. 
 
 Whether suicidal. 
 
 Whether dangerous to others. 
 
 Whether found lunatic by Inquisition, and Date of Commission or Order for 
 
 Inquisition. 
 Special Circumstances (if any) preventing the Patient being examined, before 
 Admission, separatly by Two Medical Piactitioners. 
 
 (Signed) Name. 
 
 [Where the Person slgninrj the Statement is not the Person who sirjm the Order, the 
 following Particulars concerning the Person signing the Statement are to be 
 added ; vizt., 
 
 Occupation (if any). 
 Place of Abode. 
 
 Degree of Relationship (if any) or other Circumstance of Connexion with the 
 Patient.] 
 
 SCHEDULE (A.) No. 2. Sections 4, 5, 8, 10, 11, 12, 13. 
 
 Form of Medical Certificate. 
 
 I, the Undersigned [here set forth the Qualification entitling the Person cer- 
 tifying to practise as a Physician, Surgeon, or Apothecary, ex. gra., being a Fellow 
 of the Royal College of Physicians in London], and being in actual Practice as a
 
 222 APPENDIX. 
 
 [Physician, Surgeon, or Apothecary, as the Case may 6e], hereby certify, That I, 
 on the Day of at 
 
 [here insert the Street and'Niunher of the House {if any) or other like Particulars], 
 in the County of , separately from any 
 
 other Medical Practitioner, personally examined A.B. ot 
 
 [Insert Residence and Profession or Occupation, if any], and that the said ^ . B. is a 
 [Lunatic, or an Idiot, or a Person of unsound Mind], and a proper Person to be 
 taken charge of and detained under Care and Treatment, and that I have formed 
 this Opinion upon the following Grounds ; viz. 
 
 1. Facts indicating Insanity observed by myself [/lere state the Facts]. 
 
 2. Other Facts (if any) indicating Insanity communicated to me by others 
 [here state the Information, and from whom]. 
 
 (Signed) 
 
 Place of Abode. 
 Dated this Day of One thousand eight 
 
 hundred and 
 
 SCHEDULE (B.) No. 1. Section 7. 
 
 Order for the Reception of a Pauper Patient. 
 
 I, CD. [or, in the Case of a Clergyman and Relieving Officer, &c., we, CD. and 
 E.F.], the Undersigned, having called to my [or our] Assistance a Physician, [or 
 Surgeon, or Apothecary, as the Case may he,] and having personally examined 
 A.B., a Pauper, and being satisfied that the said A.B. is a Lunatic [or an Idiot, 
 or a Person of unsound Mind,] and a proper Person to be taken charge of and 
 detained under Care and Treatment, hereby direct you to receive the said A.B. as 
 a Patient into your House [or Hospital]. Subjoined is a Statement respecting the 
 said A.B. 
 
 (Signed) CD. 
 
 A Justice of the Peace for the County, 
 City, or Borough of 
 [or an or the Officiating Clergyman of 
 the Parish of ]. 
 
 (Signed) E.F. 
 The Relieving Officer of the Union 
 or Parish of [or an 
 
 Overseer of the Parish of ]. 
 
 Dated the Day of One thousand eight 
 
 hundred 
 To Proprietor [or Superintendent] of 
 
 [describing the House or Hospital], 
 
 Statement. 
 [// any Particulars in this Statement he not known, to he so stated.] 
 Name of Patient, and Christian Name at Length, 
 Sex and Age. 
 
 Married, single, or widowed. 
 
 Condition of Life, and previous Occupation (if any). 
 The Religious Persuasion, as far as known. 
 Previous Place of Abode. 
 Whether First Attack. 
 A"e (if known) on First Attack. 
 
 When and where previously under Care and Treatment. 
 Duration of existing Attack. 
 Supposed Cause. 
 Whether subject to Epilepsy. 
 Whether suicidal.
 
 APPENDIX. 223 
 
 Whether dangerous to others. 
 
 Parish or LJiiion to wliiuh the Lunatic is chargeable. 
 
 Name aud Christian Name and Place of Abode of nearest known Relative of 
 the Patient, and Degree of Relationship (if known). 
 I certify that, to the best of my Knowledge, the above Particulars are 
 correctly stated. 
 
 (Signed) 
 
 Relieving Officer [or Overseer]. 
 
 SCHEDULE (B.) No. 2. Sections?, 10, 11, 12, 13. 
 
 FoKM of Medical Certificate. 
 
 I, the Undersigned [here set forth the Qualification entitling the Person certifying 
 to practise as a Physician, Surgeon, or Ajiothecary, ex. gra., being a Fellow of the 
 Royal College of Physicians in London], and being in actual Practice as a 
 [Physician, Surgeon, or Apothecary, as the Case may be], herebj' certify, That I, 
 on the Day of at [here insert 
 
 the Street and Number of the House {if any) or other like Particulars], in the County 
 of , personally examined .4.^. of [insert Residence 
 
 and Prof ession or Occupation {if any)], and that the ssaA A.B. is a [Lunatic or 
 an Idiot, or a Person of unsound Mind], and a proper Person to be taken charge 
 of and detained under Care and Treatment, and that I have formed this Opinion 
 upon the following Grounds ; viz. 
 
 1. Facts indicating Insanity observed by myself [liere state the Facts]. 
 
 1. Other Facts (if any) indicating Insanity communicated to me by others 
 {here state the Information, and from tohom]. 
 
 (Signed) 
 
 Place of Abode. 
 
 Dated this Day of One thousand eight 
 
 hundred and 
 
 SCHEDULE (C.) Section 24. 
 
 Notice of Admission. 
 
 I HEREBY give you Notice, That A.B. was admitted into this House [or 
 Hospital] as a Private [or Pauper] Patient on the Day of 
 
 and I hereby transmit a Copy of the Order and Medical Certificates [or 
 Certificate] on which he was received. [// a Private Patient be received upon One 
 Certificate only, the special Circumstances which have prevented the Patient from 
 being examined by Two Medical Practitioners to be here stated, as in the Statement 
 accompanying the Order for Admission.] 
 
 Subjoined is a Statement with respect to the mental and bodily Condition of 
 the above-named Patient. 
 
 (Signed) 
 Superintendent [or Proprietor] of 
 Dated the Day of One thousand eight 
 
 hundred and 
 
 Statement. 
 
 I have this Day [some Bay not less than Two clear Days after the Admission of 
 tne PcUient] seen and examined the Patient mentioned in the .ibove 
 
 Notice, and hereby certify that with respect to mental State he [or she], and that 
 with respect to bodily Health and Condition, he [or she] 
 
 (Signed) 
 Medical Proprietor [or Superintendent, 
 or Attendant] of 
 Dated the Day of One thousand eight 
 
 hundred aud .
 
 224 
 
 APPENDIX. 
 
 SCHEDULE (D.) Section 25. 
 Form of Medical Visitation Book. 
 
 Date, 
 
 Number 
 
 and Class of 
 
 Patients. 
 
 Patients who are, or 
 
 since the last Entry have been, 
 
 under Restraint, or in Seclusion, 
 
 when, and for what Period, and 
 
 Keasons, and, in Cases of Ke- 
 
 atraint, by what Means. 
 
 Patients under 
 Medical Treat- 
 ment, and for 
 what (if any) 
 bodily Disorder. 
 
 Deaths, 
 Injuries, and 
 Violence to 
 
 Private. 
 
 Pauper. 
 
 Restraint. 
 
 Seclusion. 
 
 
 the last Entry, 
 
 
 M. 
 
 F. 
 
 M. 
 
 F. 
 
 Males. 
 
 Females. 
 
 Males. 
 
 Females. 
 
 Males. Females. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ANNO DECIMO SEXTO & DECIMO SEPTIMO 
 VICTORIA REGIN^. 
 
 CAP. XCVII. 
 
 An Act to consolidate and amend the Laws for the Provision and 
 Piegulation of Lunatic Asylums for Counties and Boroughs, and 
 for the Maintenance and Care of Pauper Lunatics, in England. 
 
 [20th August 1853.] 
 
 8 <fc 9 Vict. c. 126., 9 <t 10 Vict. c. 84., and 10 <£• 11 Vict. c. 43. repealed, but 
 not to affect Appointments, (tc. 
 
 BE it enacted by the Queen's most Excellent Majesty, by and with the Advice 
 and Consent of the Lords Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the Authority of the same, aa follows : 
 
 I. The following Acts relating to Lunatic Asylums for Counties and Boroughs, 
 and the Maintenance and Care of Pauper Lunatics, in England, (that is to .say,) 
 an Act of the Session holden in the Eighth and Ninth Years of Her Majesty, 
 Chapter One hundred and twenty-six, an Act of the Session holden in the Ninth 
 and Tenth Years of Her Majesty, Chapter Eighty-four, and an Act of the Session 
 holden in the Tenth and Eleventh Years of Her Majesty, Chapter Forty-three, 
 shall be re[.ealed ; but such Repeal shall not interfere with or affect any Appoint- 
 ment, Salary, or Annuity made or granted, or Act done, or Agreement or Con- 
 tract enteied into or made, or prevent or defeat any Prosecution or Proceeding for
 
 APPENDIX. 225 
 
 any Offence committed or any Penalty or Forfeiture incurred before the Com- 
 mencement of tills Act, but every sucii Agreement or Contract sliail and may 
 (subject to the Provisions herein-after contained in relation thereto) be carried 
 into effect and enforced, and every such Offence prosecuted, and every such 
 Penalty and Forfeiture sued for, recovered, and applied, and every pending Prose- 
 cution or Proceeding continued, in like Manner as if this Act had not been 
 passed. 
 
 As TO PROVIDING ASTLDMS AND APPOINTMENT OF COMMITTEES OP VISITORS. 
 
 Justices of County and Borough not having a Lunatic Asylum to provide one, and 
 Justices of the County or Recorder of the Borough at or before a certain Time to 
 direct Notice to he given of the Intention to appoint a Committee for that 
 Purpose. 
 
 II. The Justices of evei-y County and (save as herein-after otherwise provided) 
 of every Borougli not having an Asylum for the Pauper Lunatics thereof, shall 
 provide an Asylum in manner herein directed, (that is to say,) the .Justices of 
 every such County and the Recorder of every such Borough shall at or before the 
 General or Quarter Sessions for such County or Borougli next after the Twentieth 
 Day of December One thousand eight liundred and fifty-three direct public Notice 
 to be given by the Clerli of the Peace of such County or Borough, in some News- 
 paper or Newspapers commonly circulated in such Count}' or Borough, of the 
 Intention of the Justites of such County or Borough to appoint at the then next 
 General or Quarter Sessions for such County, or (in the Case of a Borough) at a 
 Special Meeting of the .lustices of such Borougli to be fixed in such Notice, and 
 to be holden vi^ithin Tliree Months from the Date thereof, a Committee of Justices 
 to {)rovide an Asylum for tlie Pauper Lunatics of such County or Borough, under 
 the Provisions of this Act ; and the Clerk of the Peace of such County or Borough 
 shall, within Ten Days after being so directed as aforesaid, cause such Notice to 
 be given accordingly. 
 
 Justices to appoint a Committee to superintend the providing of an Asylum, or to treat 
 for uniting with some County, etc., or to effect one or other of such Purposes. 
 
 III. The Justices of every such County and Borough respectively (such Notice 
 having been given as aforesaid) sliall at the then next General or Quarter Sessions 
 for Hueh County, or at such Special Meeting :is aforesaid of the Justices of such 
 Borough, either themselves detertnine in which of the Modes herein-after men- 
 tioned an Asylum shall be provided for such County or Borough, or shall refer 
 the Selection to the Committee to be appointed as herein-after mentioned, and 
 shall elect some Justices of such County or Borough to be a Committee to jjrovide 
 such Asylum, and rnay authorize such Committee to provide such Asylum, in such 
 of the Modes herein-after mentioned as the said Justices shall have determined, 
 (that is to say,) to superintend the erecting or providing of an Asylum for the 
 Pauper Ijunatics of such County or Borough for such County or Borough alone, or 
 to treat and enter into an Agreement for uniting with any County or Counties, 
 Borough or Boroughs, alone or together with the Subscribers to any Hospital for 
 the Reception of Lunatics, established or in course of Erection, or afterwards to 
 1)6 established, or for uniting with any County or Counties and Borough or 
 Boroughs jointly, or jointly and also together with the Subscribers to any such 
 Hospital as aforesaid, in erecting or otherwise providing an Asylum under or for 
 the Purposes of this Act, as the Justices apjiointing such Committee may have 
 determined, or in case the said Justices appointing such Committee think fit to 
 refer the Selection of the Mode in which such Asylum shall be provided to the 
 Committee, they may authorize such Committee to provide such Asylum in such of 
 the Modes aforesaid as to the Committee may seem best; and any Committee so 
 authorized to treat and enter into an Agreement may treat and enter into such 
 Agreement with any Committee or Committees having due Authority in that 
 Behalf under this Act, or any former Act, for any County or Counties, Borough 
 or Boroughs, or on behalf of any such Subscribers as aforesaid, and with any 
 Committee of Visitors of any existing A-!yIum, and whether or not any previous
 
 226 APPENDIX. 
 
 Afrreement for uniting may have been already entered into between some of the 
 Parties under this Act or any former Act ; and by any such Agreement to be 
 entered into as aforesaid the several Committees, Parties thereto, may, to the 
 Extent of their Authority, in lieu of agreeing to erect or provide an Asvlum, or in 
 addition thereto, and in consideration of any Payment in gross or of the Payment 
 of any Sum in the Nature of Pent or otherwise, agree for the joint Use of any 
 existing Asylum or Hospital, and, where they think fit, for enlarging the same. 
 
 Subscribers to any Hospital empowered to appoint a Committee to treat /or uniting 
 with any County or Borough, <kc. 
 
 IV. It shall be lawful for the major Part of such of the Subscribers toany such 
 Hospital as aforesaid as shall be present at any Meeting of such Subscribers 
 called together expressly for this Purpose by Adver ti.-ement in a Newspaper com- 
 monly circulated in the Place where such Hospital is or is intended to be situate, to 
 elect any Number of sucli Subscribers not exceeding Five to be a Committee to treat 
 and enter into an Agreement for uniting with any County or Counties or Borough 
 or Boroughs alone, or any County or Counties and Borough or Boroughs jointly, 
 under and for the Purposes of this Act ; and where any sucb Agreement has been 
 or shall be entered into under any former Act or this Act, nothing in this Act 
 shall prevent the Reception into the Asylum provided under sucb Agreement, or 
 ' the Discharge therefrom, of so many of any Lunatics other than Paujier Lunatics 
 as might have been received into such Hospital or Asylum if this Act had not been 
 passed. 
 
 Committees of Visitors of existing Asylums may enter into Agreements to unite. 
 
 V. It shall be lawful for the Committee of Visitors of any Asylum already pro- 
 vided for any County or Borough, alone or otherwise, to enter into an Agreement 
 for uniting for the Purposes of this Act with any County or Counties, Borough 
 or Boroughs, alone or together with the Subscribers to any such Hospital as 
 aforesaid, or for uniting with any County or Counties and Borough or Boroughs 
 jointly, or jointly and also together with the Subscribers to any such Hospital. 
 
 Saving where a Committee is already appointed, or Proceedings for the 
 Appointment of a Committee have been commenced. 
 
 VI. Provided always. That where a Committee has been appointed before the 
 Commencement of this Act for any County or Borough for any of the Purposes 
 aforesaid, or Proceedings have been taken for or towards the Appointment of a 
 Committee for any of the said Purposes, nothing herein contained shall render it 
 necessary Ui proceed afresh to the Appointment of a Committee for any of such 
 Purposes; and any Proceedings already taken as aforesaid shall remain in force 
 and be continued ; and all the Provisions of this Act shall be applicable to any 
 such Committee already a))pointed, or to be appointed under such Proceedings, in 
 like Manner as if such Committee had been appointed under the Provisions of 
 this Act. 
 
 Justices of Boroughs may Contract with Committees of Visitors, d-c, for Reception 
 of the Pauper Lunatics of the Borough. 
 
 VII. Provided also, That it shall be lawful for the Justices of any such 
 Borough as aforesaid, at such Special Meeting, if they think fit, in lieu of electing 
 a Committee to superintend the erecting or jiroviding of an Asylum, or to treat for 
 uniting, as herein- before mentioned, or to effect either of such Purposes, to elect 
 a Committee of Justices of such Borough to contract with any Committee of 
 Visitors of any existing Asylum, or any Committee providing or about to provide 
 an Asylum, whether for any County or Borough, alone or otherwise, for the Recep- 
 tion of the Pctuper Lunatics of such first-mentioned Borough into such Asylum, in 
 consideration of such Payment in gross, or such annual or periodical Payment, and 
 upon and subject to such Terms, Sti|iulati(ins, and Conditions as to the Duration 
 and Determination of the Contract, and otherwise, as may be agreed upon ; and it 
 shall be lawful for any Committee of Visitors of any existing Asylum, or any other
 
 APPENDIX. 227 
 
 such Committee as last aforesaid, to contract with the Committee for any such 
 Borough accordingly ; and during the Continuance of such Contract the 
 Justices of such Borounii shall, at a Special Meeting of such Justices to be holden 
 within Twenty Days after the Twentieth Day of December in every Year, appoint a 
 Committee of such Justice^) to visit the Pauper Lunatics sent from such Borough 
 to such Asylum, ami Two at least of the Members of such Committee shall 
 together once at the least in every Six Mouths visit such Asylum, and see and 
 examine as far as Circumstances will permit every Lunatic received into such 
 Asylum under such Contract, and shall after each such Visit report the Result 
 thereof, with such Remarks as tliej' think fit, to the Justices of such Borough at a 
 S|)ecial Meeting of such Justices ; and the Justices making any such Visit may, if 
 they see fit, be accompanied by some Physician, Surgeon, or Apothecary, other 
 than a Medical Officer of the Asylum ; and such Justices may by Writing under 
 their Hands order the Payment to such Physician, Surgeon, or AjMithecary of 
 such reasonable Sum for his Services on any such Visit as they may think fit, and 
 such Sum shall, upon the Production of such Order, be paid to such Physician, 
 Surgeon, or Apothecary by the Treasurer of such Borough ; and every Report of 
 such Justices so visiting shall be entered among the Records of the Court of 
 Quarter Sessions of such Borough, and shall be open to the Inspection of any of 
 the Commissioners in Lunacy ; and such Commissioners may, if they think fit, 
 require a Copy of every or any such Report to be transmiited to tnem by the 
 Clerk of the Peace of such Borough; and while any such Contract making adequate 
 Provision for the Pauper Lunatics of such Borough is in foice such Borough 
 shall not he required to provide an Asylum for itself alone, or in Union, as 
 herein-before mentioned. 
 
 Boroughs now contributing to a County Asylum deemed to have an Asylum, but 
 upon Notice may separate from the County. 
 
 VIII. Provided also. That every Borough situate within a County having an 
 Asylum for Pauper Lunatics, and which at the Time of the passing of the said Act 
 of the Eighth and Ninth Years of Her ISIajesty contributed and still contributes to 
 such Asylum, shall be considered as having an Asylum for the Pauper Lunatics of 
 such Borough ; hut it shall be lawful for any such Borough, at any Time here- 
 after, upon giving Six ]\Ionths Notice in Writing under the Hand of the Town 
 Clerk, in pursuance of a Resolution of the Couticil of such Borough, to the Clerk 
 of the Peace of the County, to separate itself, so far as relates to the E.-ftablishment 
 of a Lunatic Asylum for such County, and the Maintenance of Lunatics therein, 
 from sucli County, and from and after the Ex[)iration of such Notice such Boroui;h 
 shall for the Fur|)()ses of this Act be deemed a Borough not having an Asylum for 
 the Pauper Lunatics thereof: and from and after the Expiration of such Notice, 
 and the VVitlidrawal from such County Asylum of all Lunatics from or belonging to 
 such Borough, such Borough shall not be liable to pay or contribute towards the Ex- 
 pense of the Establishment of such Asylum, or the Maintenance of Lunatics therein, 
 but until the Withdrawal from such County Asylum of all Lunaticsfrom or belonging 
 to such Borough such B ii-ongh shall be liable to contribute towards the Expenses of 
 su<h Asylum, in the same Manner and to the same Extent as if such Notice had 
 not been given. 
 
 Every Borough not having Six Justices, besides the Ilecorder, to he annexed to the 
 County or Due of the Counties in which it is situate, for the Purposes of thi!! 
 Act. Recorder to appoint Two Justices to be Members of Committee of Visitors. 
 5d:Q W. 4. c. 76. 
 
 IX. Provided also. That every Boroufih in which at the passing of the said 
 Act of the Eightli and Ninth Years of Her Majesty hereby repealed, there were not 
 Six Justices besides a Recorder shall, for the Purposes of this Act, be annexed to 
 and be Part of the County in whicli it is wliolly situate, or in case it be not wholly 
 situate in any One County shall for the Purposes of this Act be annexed to and be 
 Part of such One of the Counties in which it is situate as such Borough may have 
 been annexed to under the said Act of the Eighth and Ninth Years of Her 
 Majesty, or if not already so annexed then the same shall be annexed to and be 
 
 q2
 
 22S APPENDIX. 
 
 Part of such One of Ihe said Comities as One of Her Majesty's Principal Seer*^- 
 taries of State shall by Writing under his Hand direct ; and the Recorder of every 
 such Borough shall, at the General or Quarter Sessions next after the Twentieth 
 Day of December in every Year, appoint Two Justices of such Borough to be Mem- 
 bers of the Committee of Visitors of the Asylum of the County to v»rhich such 
 Borough is or shall be annexed ; and the Justices of every County to which any 
 Borough is or shall be annexed as aforesaid shall, at their General or Quarter Ses- 
 sions, from Time to Time fix the Sum to be contributed by such Borough towards 
 the Expenses of and incident to erecting, providing, and maintaining the Asylum 
 of such County, according to the comparative Population of sucli Borough and 
 County as stated in the then last Returns made of the same under the Authority 
 of Parliament, and cause Notice thereof in Writing to be given to the Treasurer 
 of such Borough, and such Sum shall be raised by a Borough Rate to be made by 
 the Council of the Borough in manner lUrected by the Act of the Session holden in 
 the Fifth and Sixth Years of King William the Fourth, " to provide for the Regu- 
 lation of ^lunicipal Corporations in England and IFaZes," or out of the Borough 
 Fund, if the Council think fit, and shall be paid by the Treasurer of the Borough 
 to the Treasurer of the Asylum. 
 
 Boroughs neglecting to provide an Asylum or to contract for the Care of their Pauper 
 Lunatics may he annexed by Secretary of State to the County. Justices of 
 Boroiigh so annexed shall appoint Two Justices to be Members of Committee of 
 Visitors. 
 
 X. If at any Time after the Expiration of One Year after the passing of this 
 Act it appear to One of Her Majesty's l-'rincipal Secretaries of State, upon the Re- 
 port of the Commissioners in Lunacy, that the Justices of any Borough by this Act 
 required to provide an Asylum, or contract for the Care of the Pauper Lunatics 
 thereof, have not provided an Asylum, or entered into an Agreement for that Pur- 
 pose, or into a subsisting Contract making adequate Provision for the Care of the 
 Pauper Lunatics thereof in some Asylum, and that any Asylum belonging wholly 
 or in part to the County or any of the Counties (if more than One) in which such 
 Borouuh is locally situate, either wholly or in part, is capable of affording Accom- 
 modation for the Pauper Lunatics of such Borough, or may be conveniently enlarged 
 so as to afford such Accommodation, it shall be lawful for such Secretary of State, 
 with the Consent of the Committee of Visitors of such Asylum, by Writing under 
 his Hand, to annex such Borough for the Purposes of this Act to such County ; 
 and the Justices of every Borough so annexed under this Provision shall, at a 
 Special Meeting of such Justices to be holden within Twenty Days after the 
 Twentieth Day of Dccemher in every Year, appoint Two Justices of such Borough 
 to be Members of the Committee of Visitors of the Asylum of the County to 
 which such Borough shall be annexed ; and the Provision in the Enactment lastly 
 herein-before contained in relation to the Contribution by a Borough annexed to a 
 County under such Enactment to the Expenses of the Asylum of such County, 
 shall extend to any Borough so annexed under this Provision. 
 
 Powers of Committees may he enlarged. 
 
 XI. Where any Committee has been appointed for any County or Borough 
 (whether before or after the passiu',' of this Act) for any of the Purposes hcein- 
 before mentioned, it shall be lawiul fir the Justices of such County or Borough, if 
 they think fit, at any General or Quarter Sessions for such County, or (in the Case 
 of a Borough) at any Special Meeting of the Justices of such Borough, after like 
 public Notice as is required in the Case of the First Appointment of the Committee, 
 to enlarge or alter the Powers of the Committee so as to vest in the Committee any 
 such Powers as migiit be vested in any Committee on the original Appointment 
 thereof under this Act, and, if the Justices see fit so to do, to appoint additional 
 Members of the said Committee, and every such Committee shall have the like Powers, 
 and the Provisions of this Act shall be applicable to such Committee in like Man- 
 ner, as if such Committee had been originally appointed with the Powers so vested 
 in them under such Enlargement or Alteration of their Powers.
 
 APPENDIX. 229 
 
 New Committees to be appointed in lieu of Committees which have ceastdor 
 shall hereafter cease to exist, d:c. 
 
 XII. Where any Committee appointed for any County or Borough (either be- 
 fore or after the passing of this Act) for any of the Purposes hereiu-before men- 
 tioned has ceased or sliall hereafter cease to exist, without carrying into efiFect the 
 Purposes for which it was appointed, or, if appointed foi- the Purpose only of treat- 
 ing for uniting or of contracting as aforesaid, has reported or shall hereafter re[)ort 
 that it is not practicable or expedient to enter into an Ajreeinent for uniting or 
 into the proposed Contract, or to that Effect, the Justices of such County or the 
 Eecorder of such Borough shall, at or before the General or Quarter Sessions next 
 after the passing of this Act, or next after the Occasion has arisen, cause public 
 Notice to be given, in manner herein directed in the Case of the original Appoint- 
 ment of a Committee under this Act for any of the said Purposes, of the Intention 
 of the Justices of such County or Borough to appoint at the then next General or 
 Quarter Sessions for such County, or (in the Case of a Borough) at some Special 
 Meeting of the Justices of such Borough to be fixed in the Notice and to be holden 
 within Three Months from the Date thereof, a Committee in lieu of the Committee 
 previously appointed as aforesaid ; and such Notice having been so given, the 
 Justices of such County or Borough shall, at the then next General or Quarter 
 Sessions for such County, or at such Special Meeting as aforesaid of the Justices 
 of such Borough, appoint a Committee according!}', and shall have the like Dis- 
 cretion and Authority for determining the Purposes for which such Committee 
 shall be appointed as in the Case of an original Appointment of a Committee under 
 the Provisions herein-before contained ; or such Justices may, if they think fit, in 
 lieu of appointing a new Committee in the Place of any such Committee appointed 
 only for the Purpose of treating for uniting or of contracting as aforesaid, and 
 which may have reported that it is not practicable or expedient to enter into an 
 Agreement for uniting or into the proposed Contract, or to that Effect, enlarge 
 or alter the Powers of such Committee as herein-before provided, and, if such 
 Justices think fit, appoint additional Members of such Committee. 
 
 Notice for Appointment of a Committee given at a Time subsequent to that required 
 by this Act, and the Appointment of such Committee, to be valid. 
 
 XIII. Provided always, That where the Justices of any County or the Eecorder 
 of any Borough have or has not, in pursuance of any of the Provisions herein- 
 before contained, at or before such General or Quarter Sessions as in that Behalf 
 required, caused Notice to be given of the Intention of the Justices of such County 
 or Borough to appoint a Committee under this Act, it shall be lawful for the 
 Justices of such County or the Recorder of such Borough, at or before any subse- 
 quent General or Quarter Sessions, to causa such Notice to be given in manner 
 required by this Act ; and the Appointment of a Committee in pursuance of such 
 Notice, or the Enlargement or Alteration of the Powers of any existing Committee, 
 and the Appointment of any additional Members of such ('ommittee, at the Ses- 
 sions or Meeting for which such Notice has been given, shall be valid. 
 
 Committees uniting to enter into Agreement in the Form ?'» Schedule (A.) 
 
 XIV. When Two or more Committees agree to unite for the Purposes of this 
 Act, an Agreement shall be entered into and signed by the several Committees 
 uniting, or the major Part of such Committees respectively, in the Form or to the 
 Effect set forth in Schedule (A.) to this Act ; and such Agreement, when signed 
 by the major Part of each such Committee, and not before, shall be binding upon 
 every County and Borough, and the Subscribers (if any) for or on behalf of which 
 or whom such Agreement has been entered into ; and every such Agreement shall 
 specify the Proportion in which the Expenses necessary for carrying into execution 
 the Purposes of this Act shall be charged upon each County and Borough, and the 
 Subscribers (if any) so uniting ; and the Proportions of the Counties and Boroughs 
 uniting shall be calculated and fixed with reference to their respective Populations 
 as stated in the then last Return made of the same under the Authority of Parlia-
 
 S'^O APPENDIX. 
 
 iiient ; and where under any such Agreement a Right to the joint Use of any- 
 existing Asyiuni or Hospital is required by any Countv or Borough, or the Sub- 
 scribers to any Hospital, such Agreement shall fix the Sum to be paid by such 
 County, Borough, or [Subscribers towards the Expenses already incurred in erect- 
 ing or providing such Asylum or Hospital. 
 
 Additional Stipulations or Conditions may he inserted in Agreement, hut not so 
 as to subject Acts of Visitors to Control of General or Quarter Sessions. 
 
 XV. Provided always, That it shall be lawful for such Committees to insert in 
 the Agreement to be entered into by them any Stipulations or Conditi..ns, in 
 a,'lditio1i to the Matters by this Act required to be specified in such Agreement, so 
 that such additional Stipulations or Conditions do not in any way subject the Acts 
 of the Committee of Visitors to the Approval or Control of any Court of General 
 or Quarter Sessions, or of any Justices, in any C:ise not provided for by this Act, 
 and the additional Stipulations and Conditions so inserted in the said Agreement 
 siiall be of the same Foice and Effect as the Matters so required to be S|iecified, 
 notwithstanding that such additional Stipulations or Conditions may control in any 
 other Manner tlian as herein-before specified and excepted the Discretion and Acts 
 of the Committee of Visitors as regulated by this Act, or may require the Consent 
 or Approval of, or may subject the Acts or Orders of the Visitors to be disallowed, 
 modified, or controlled by, One of Her Majesty's Principal Secretaries of State, in 
 Cases not provided for by this Act ; but any Stipulations or Conditions subjecting the 
 Acts of the Committee of Visitors to the Approval or Control of any Court of 
 General or Quarter Sessions, or of any Justices, in any Case not provided for by 
 this Act, shall be void and of none effect. 
 
 With Consent of Visitors, Stipulations or Conditions may be repealed. 
 
 XVI. Provided also, That with the Consent in Writing under the Hands of the 
 greater Number of Visitors of each County and Borough, and of the greater 
 Number of Visitors of any Body of Subscribers united under any Agreement 
 entered into Under this Act or any former Act, and with the previous Con- 
 sent in Writing under the Hand of One of Her Majesty's Principal Secretaries of 
 Slate, the Committee of Visitors may from Time to Time repeal or alter any of the 
 Stipulations or Conditions of such Agreement, but not so as to subject the Acts of 
 the Committee of Visitors to the Approval or Control of any Court of General or 
 Quarter Sessions, or of any Justices, in any Case not provided for by this Act. 
 
 Proportions of Expenses and of Visitors may be varied on any further Union 
 being effected. 
 
 XVII. Where any Agreement for uniting has been entered into under this Act 
 or any former Act, and the Union effected thereunder is added toby an Agreement 
 for further Union, the Proportions in which any Expenses are under any former 
 Agreement for Union to be charged on the Counties or Boroughs, or Counties and 
 Boroughs, and the Subscribers, if any, uniting, and the Proportions in which Visi- 
 tors arl; to be elected for and on behalf of such Counties or Boroughs, or Counties 
 and Boroughs, and Subscribers (if any), may be altered as may be agreed upon. 
 
 As to Payment and Application of Money paid towards prior Expenses, or 
 becoming repayable under Agreement for further Union. 
 
 XVIII. Where under an Agreement for Union any Money is to be paid 
 towards the Expenses already incurred by any County or Borough in erecting or 
 providing any Asylum, the same shall be paid to the Treasurer of such County or 
 Borough, and shall be applied in Liquidation and Payment, pro tanto, of the 
 Monies, if any, which shall have been raised by such County or Borough for the 
 Purposes of this Act or the Acts hereby repealed, or any of them, in such Manner 
 as the Justices of such County at any General or Quarter Sessions for the same, or 
 the Council of such Borough, shall respectively order and direct, or if all such 
 Monies shall have been paid, then the same shall be applied in diminution of any 
 Kate to be made in pursuance of this Act.
 
 APPENDIX. 231 
 
 Committee of Justices to report Ar/reement to Quarter Sessions, and the Orif/inal to be 
 delivered to Clerk of the Peace of the Coiiuli/ or Buroiujh in which the Asylum 
 is situate, and a Copy to Clerk of the Peace of each other County and 
 Borough . 
 
 XIX. When any Agreement has been entered into and signed as aforesaid, the 
 Committee for each County and Borough on behalf of which the same has been 
 entered into shall report the same to the Justices of such County or the Ilecorder 
 of such Borough at the then next General or Quarter Sessions ; and the original 
 Agreement shall, at such Sessions for the County or Borough in which the Asylum 
 to which the same relates is situate or is intended to be situate, be delivered to the 
 Clerk of the Peace of such County or Borough, to be by him entered among the 
 Records thereof ; and a Copy of such Agreement shall :it such Sessions for each 
 other County or Borough on hehalf of which such Agreement has been entered into 
 be delivered to the Clerk of the Peace of such County or Borougli, to be by him 
 entered among the Itecords thereof; and a Copy of every such Agreement shall be 
 sent by the Clerk of the Peace to whom the original Agreement is delivered, within 
 Twenty Days after the Delivery thereof to him, to the Commissioners in Lunacy ; 
 and any of the Justices of any County or Borough on behalf of which such Agree- 
 ment has been entered into, and any Commissioner in Lunacy, shall be entitled, 
 without Payment, to inspect the original Agreement so delivered to the Clerk of 
 the Peace as aforesaid ; and any Clerk of the Peace hereby required to send to the 
 said Commissioners a Copy of any Agreement, who shall neglect so to do within 
 the Time aforesaid, and any Clerk of the Peace who shall refuse to permit such In- 
 spection as aforesaid, shall for evtry such Offence be liable to a Penalty no. exceed- 
 ing Five Pounds, and this Enactment shall extend and be app icable to and in 
 respect of every Agreement by which any of the Stipulations or Conditions in any 
 Agreement entered into under this Act or any former Act shall be repealed or 
 altered. 
 
 After Agreement for uniting is reported, Visitors to he elected for carrying 
 same into effect. 
 
 XX. When any Agreement for uniting has been entered into, signed, and 
 reported as aforesaid, the Justices of every County to which the same relates shall, 
 at the General or Quarter Sessions to which such Agreement is reported, elect 
 from among the Justices of such County the Number of Visitors allotted to such 
 County in°the Agreement; and the Justices of every Borough to which such 
 Agreement relates shall, at a S[)ecial Meeting of such Justices to be holden withm 
 Twenty Days after sucli Agreement has been reported to the General or Quarter 
 Sessions for such Borough, elect from among the Justices of such Borough the 
 Number of Visitors allotted to such Borough in the Agreement ; and the Majority 
 of such of the Subscribers to any Hospital to which such Agreement relates as shall 
 l)e present at a Meeting of such Subscribers to be holden within Twenty-eight 
 Days after the signing of such Agreement, and of which Meeting public Notice 
 shall have been given by Advertisement in some Newspaper circulated in the Place 
 in which such Hospital is situate or is intended to be situate, shall elect from 
 among such Subscribers the Number of Visitors allotted to the Subscribers to such 
 Hospital in such Agreement; and the Visitors so elected as aforesaid shall 
 together form and be the Committee of Visitors for carrying such Agreement into 
 effect. 
 
 Committee authorized to superintend the Erection of Asylums to he deemed 
 Committee of Visitors. 
 
 XXI. Every Committee elected for any County or Borough as herein-before 
 provided, and authorized to superintend the erecting or providing of an Asylum for 
 such County or Borough, shall until the election of Visitors or a Committt^ of 
 Visitors for such County or Borough or the Asylum thereof, under any of the Pro- 
 visions herein contained, be deemed the Committee of Visitors for such County or 
 Borough.
 
 232 APPENDIX. 
 
 Visitors to be elected annually for Asylums. 
 
 XXII. At the General or Quarter Sessions to be held next after the Twentieth 
 Day of December in every Year the Justices of every County, and at a Special 
 Meeting to be held within Twenty Days after the Twentieth Day of December 
 in every Year the Justices of every Borough, having for the Time being an Asylum 
 (whether provided before or after the passing of this Act) either for the sole Use 
 of such County or Borough or under any Agreement for uniting as aforesaid, shall 
 elect some Justices of such County or Borough to be Vi-itors on behalf of such 
 County or Borough for the said Asylum during the Year next ensuing the Election; 
 and where such Asylum has been provided under any Agreement for uniting 
 entered into with any such Subscribers as aforesaid, the Majority of sucli of the 
 Subscribers as shall be present at a Meeting to be holden in the Month oi January 
 in every Year, of which Notice shall have been given by public Advertisement in 
 some Newspaper circulated within the Place in which such Asylum is situate, shall 
 elect some of such Subscribers to be Visitors for such Asylum during the Year 
 then next ensuing ; and where such Asylum is for the sole Use of any One County 
 or Borough, the Visitors elected for such County or Borough as aforesaid shall be 
 "the Committee of Visitors" of such Asylum ; and where such Asylum has been 
 provided under any Agreement for uijiting, the Visitors elected as aforesaid on 
 behalf of every County apd Borough, and the Subscribers (if any) to which the 
 Asylum belongs, shall together form and be "the Committee of Visitors" of such 
 Asylum : Provided always, that the Number of the Committee of Visitors of any 
 County or Borough having an Asylum for its sole Use shall not be less than Seven; 
 and that in all other Cases the Number of Visitors to be elected on behalf of every 
 County and Borough, and of any Body of Subscribers, to form and be the Com- 
 mittee of Visitors, shall be the Number provided for in the Agreement. 
 
 A separate Committee of Visitors to be appointed for every Asylum. Proviso. 
 
 XXIII. Where any County or Borough has more than one Asylum a separate 
 Committee of Visitors shall be appointed as aforesaid for every such Asylum, 
 each of which Committees shall have all the Powers and be subject to all the Pro- 
 visions of this Act with regard to the Asylum for which it is appointed, as if it 
 were the only Asylum for that County or Borough : Provided always, that it shall 
 be lawful for the Justices of the County or Borough, if tliey think fit, with the 
 Approval of One of Her Majesty's Principal Secretaries of State, to appoint the 
 same Committee for Two or more such Asylums. 
 
 Meetings of Visitors. Every Committee to elect a Chairman. Number of 
 Members to constitute a Meeting. Questions how to be decided. 
 
 XXIV. The several Persons elected Members of any Committee of Visitors 
 shall within One Month after their Election assemble at some convenient Place to 
 be named in a Notice in Writing given by Two or More of such Visitors, or by the 
 Clerk to the outgoing Committee by the Direction of Two or more of the said 
 Visitors, to the several Members so elected, such Notice to be given to each 
 Member personally, or left at his Place of Abode, or transmitted to him through 
 the Post Office, Seven Days at least before the Time appointed for such Meeting ; 
 and the said Visitors may adjourn the said Meeting from Time to Time or from 
 Place to Place, and meet where and as often as they think necessary ; and the 
 said Visitors shall at their first Meeting after their Election elect One of their 
 Members to be their Chairman, who shall preside at all Meetings at which he is 
 present ; and in case of the Absence of the Chairman from any Meeting the Mem- 
 bers of the Committee then present shall elect One of such Members to be Chair- 
 man for the Meeting, who shall preside at the Meeting; and to constitute a Meeting 
 of a Connnittee there shall be present not less than Tliree Members thereof, except 
 for Adjournment which may be made by less than Three ; and every Question shall 
 be decided by a Majority of Votes (the Chairnuin, whether permanent or temporary, 
 having a Vote), and in the event of an Equality of Votes on any Question the 
 Chairman for the Time being shall have an additional or casting Vote.
 
 APPENDIX. 233 
 
 Cleric, on Reqtmition of Chairman or Two Visitors or of Superintendent, to call 
 Meetings of Visitors. Chairman may convene Meetings. 
 
 XXV. The Clerk of any Committee of Visitors shall, whenever required in 
 Writing by the Chairman or Two of the Visitors or by the Superintendent of the 
 Asylum, and the Chairman of any such Committee may, whenever he shall see fit, 
 convene a Meeting of sucli Committee Vjy a Notice in Writing to each Visitor of 
 the Time and Place of sucli Meeting, such Notice to be delivered, left, or trans- 
 mitted as aforesaid by such Clerk or Chairman Seven Days at least before the 
 Time appointed for the Meeting. 
 
 Visitors to appoint a Clerk. 
 
 XXVI. Every Committee of Visitors shall ajipoint a Clerk to such Visitors for 
 the Purposes of this Act, at such Salary or llL'muneratit)n as sucli Visitors think 
 fit, and may, if and when they think fit, remove any Clerk appointed bj' them, and 
 in any such Case, or in case of the Death or Resignation of any such Clerk, shall 
 appoint a new Clerk ; and the Clerk to any (Jommittee of Visitors of any Asylum 
 may also be the Clerk of such Asylum ; and any Clerk to any Committee of 
 Visitors shall, unless he sooner die, resign, or be removed, continue in Office so 
 long as such Committee continue in Office. 
 
 Committee of Visitors to continue until First Meeting of neio Committee, and 
 in Default of Election of new Committee to continue as if re-elected. 
 
 XXVII. The Powers of any Committee of Visitors and of the Members of 
 such Committee, whether appointed or elected before or after the Commencement 
 of this Act, shall continue until the First Meeting of the Committee by which such 
 first-mentioned Committee is to be succeeded, anything herein contained to the 
 contrary notwithstanding ; and if the Justices of any County, or the Justices or 
 Recorders of any Borough, or any Body of Subscribers, neglect in any Year to 
 make such Election or Appointment as required by this Act, then the Committee 
 of Visitors lastly before elected, or the Members of such Committee elected or 
 appointed for such County or Borough, or on behalf of such Body of Subscribers, 
 or such of them as shall continue to act, shall be deemed and taken to be the Com- 
 mittee of Visitors, or to form Part of the Committee of Visitors, as if such Com- 
 mittee or Members had been re- elected or reappointed in such Year, and so from 
 Time to Time so often as the said Justices, Recorder, or Subscribers so neglect. 
 
 Provision for supplying Vacaticies in Committees. Continuing Members 7nay act. 
 
 XXVIII. In case any Member of any Committee or any Visitor elected or 
 appointed under this Act or any Act hereby repealed, die, resign, or become in- 
 capable to act, the Justices for the County or Borough for which such MemI er or 
 Visitor was elected or appointed at any General or Quarter Sessions for such 
 County, or at a Special Meeting of the Justices of such Borough or where such 
 Visitor was appointed by the Recorder of a Borough, then the Recorder of such 
 Borough, shall elect or appoint some other Justice in his Place ; and where any 
 such Member or Visitor has been elected on behalf of any Body of Subscribers, 
 the Majority of such of the said Subscribers as shall be present at some Meeting 
 called in manner provided with respect to the annual Election of Visitors shall 
 elect some other Subscriber in his Place ; but. notwithstanding any Vacancy in 
 any Committee, the continuing Members or Visitors may act as if no such Vacancy 
 had occurred. 
 
 Secretary of State may require any County or Borough not having an Asylum 
 to provide one. 
 
 XXIX. In case at any Time after the Expiration of One Year from the Com- 
 mencement of this Act it appear to One of Her Majesty's Principal Secretaries of 
 State, upon the Report of the Commissioners in Lunacy, that any County or 
 Borough has not an Asylum for the Pauper Lunatics thereof, it shad be lawful for
 
 234 APPENDIX. 
 
 such Secretary of State, by Writing under his Hand, to require the Justices of such 
 County or Borough forthwith to provide a fit and sufficient Asylum for so many 
 Pauper Lunatics as upon the Report of the said Coniniissioners such Secretary 
 of State may thinii fit and direct, and such Justices sliall forthwith proceed as 
 herein-before mentioned to cause such Asylum to be provided : Provided always, 
 that no Borough annexed to any County by virtue of this Act or any former Act, 
 or on behalf of which a subsisting Contract making adequate Provision for the Care 
 of the Pauper Lunatics thereof shall have been entered into under this Act, or 
 which now contributes to any Asylum for the County in which it is situate, and 
 shall not have been separated from such County, shall be required to provide aa 
 Asylum under any such Order. 
 
 . Where Accommodation of existing Asylum is inadequate, additional Asylum 
 to be provided, or existing Asylum enlarged. 
 
 XXX. It shall be lawful for the Justices of every County and Borough having 
 an Asylum or Asylums for the Pauper Lunatics thereof, where it appears to 
 such Justices at any General or Quarter Sessions, or (in the Case of a Borough) at 
 any Special Meeting of such Justices, that the Asylum or Asylums of such County 
 or Borough is or are inadequate or unfit for the proper Accommodation of the 
 Pauper Lunatics of such County or Borough, to cause an additional Asjilun), 
 or a new Asylum in lieu of any existing Asylum of such County or Borough, to be 
 provided for such County or Borough, in like Manner as herein-before directed in 
 the Case of a County or Borough not having an Asylum, or to direct the Com- 
 mittee of Visitors of any existing Asylum to cause the same to be enlarged or im- 
 proved, or, in any other Case where the said Justices deem it necessary or expe- 
 dient, to direct the Committee of Visitors of any existing Asylum to improve t)ie 
 same ; but it shall not be incumbent on any such Committee under any such 
 Direction as aforesaid to enlarge or improve such Asylum where the same does not 
 belong to One County or Borough alone, without a like Direction from the 
 Justices of every County or Borough to which the same belongs ; and iu case at 
 any Time it appear to One of Her Majesty's Principal Secretaries of State, upon 
 the Report of the Commissioners in Lunacy, that any existing Asylum or Asylums 
 for any County or Borough is or are inadequate or unfit for tiie proper Accommo- 
 dation of the Pauper Lunatics thereof, it shall be lawful for such Secretary of 
 State, by Writing under his Hand, to require the Justices of such County or 
 Borough forthwith to cause an additional Asylum or a new Asylum in lieu of any 
 existing Asylum, to be provided as aforesaid for such County or Borough, or the 
 Committee or Committees of Visitors of any existing Asylum or Asylums forth- 
 with to enlarge or improve the same, in such Manner as the said Secretary of 
 State may see fit and direct, and the said Secretary of State may require Accom- 
 modation to be provided in and by such additional or new Asylum, or by means of 
 the Enlargement of such existing Asylum or Asylums, for so many Pauper Lunatics 
 as upon the Report of the said Commissioners such Secretary of State may think 
 fit and direct ; and the said Justices or Committee or Committees shall forthwith 
 carry such Requisition of the said Secretary of State into efl'ect ; and the Powers 
 and Provisions in this Enactment contained with respect to the Enlargement and 
 Improvement of Asylums shall extend and be applicable to and for the En- 
 largement and Improvement of the Offices, Outbuildings, Yards, Courts, Outlets, 
 Ground, Land, and Appuitenances belonging thereto. 
 
 When an Asylum or additional Asylum or Accommodation is required, the Visitors 
 to procure and determine on Plans and Estimates, and to contract for the 
 Purchase of Land and Buildings, and for erecting, d-c, the necessary Buildings. 
 Contractors to give fyecurity. Contracts ayuL Orders to he entered in a Book, to be 
 deposited and to be open to Inspection. Visitors to report. 
 
 XXXI. It shall be lawful for any Committee of Visitors having Authority to 
 proviiie an Asylum for Pauper Lur.atics (but sul^ject as herein-after mentioned) to 
 procure, examine, and determine on Plans for the same, and Estimates, and ecu-
 
 APPENDIX. 235 
 
 tract for the Purchase of Lands and Buildings (and in the Case of Building!*, 
 either with or without any Fittiiif/s-up and Furniture belonging thereto), and tor 
 building, erecting, altering, iin|)roving, restoring, fuinishing; and completing, or 
 otherwise providing such Asylum, and rendering the same in all respects fit and 
 ready for the Ileception of Lunatics, and for making, laying out, and completing 
 tlie Offices, Outbuildings, Yards, Courts, Outlets, Grounds, Land, and Appur- 
 tenances of or for such Asylum, and for providing Clothing for Patients, and every- 
 thing necessary for the opening of any such Asylum; and any Committee of Visitors 
 having Authority to enlarge, alter, or improve any Asylum shall have like Powers 
 for the Purpose of enlarging, altering, or improving such Asylum, or the Offices, 
 Outbuildings, Yards, Courts, Outlets, Grounds, Land, and Appurtenances thereto 
 belonging; and every Person contracting for building or doing any other such 
 Work as aforesaid shall give to the Clerk "f such Visitors sufficient Security for 
 the due Performance of the Contract ; and every such Contract, either lor Pur- 
 chase of Lands or Buildings, or for doing any such Work as aforesaid, and all 
 Orders relating thereto, shall be entered in a Book to be kept by the Clerk to 
 such Visitors ; and when such Asylum and Appurtenances, or (as the Case may 
 be) the Additions to or Alterations or Improvements thereof, are completed, suih 
 Book shall be deposited and kept among the Records of the County or Borough, 
 or where more than one County or Borough is interested in such Contract by 
 reason of an Agreement for Union, then among the Records of the ('ounty or 
 Borough which has contributed the largest Proportion of the Ex[)enses of such 
 Contract ; and every such Book may be inspected at all reasonable Times by any 
 Person contributing to the Rates of the County or Borough, or in the Case of a 
 L'nion, to the Rates of any of the Counties or Boroughs, and also, if any Part of 
 "ucli Kxpenses has been paid by voluntary Subscription, by any of such voluntary 
 Subscribers ; and a Copy of every such Book sh dl be kept at the Asylum to which 
 the Contract relates : Provided always, that the said Visitors shall from Time to 
 Tiin° make their Report to the General or Quarter Sessions of the County or 
 Borough, Counties or Boroughs, for which they, or such of them as have not been 
 elected by Subscribers as aforesaid, have been elected, of the several Plans, 
 Estimates, and Contracts which have been agreed upon, and of the Sum or Sums 
 of Money necessary to be raised and levied for defraying the Purchase Monies ami 
 Expenses thereof on the County or Borough, or, in the Case of such Union as 
 aforesaid, on each or every of the Counties or Boroughs ; which Plans, Estimates, 
 and Contracts shall be subject to the Approbation of the Court or Courts of 
 General or (.Quarter Sessions of such County or Counties, and of the Justices of 
 such Borough or Boroughs, before the same are completed or carried into execu- 
 tion, save where the Amount to be expended does not exceed an Amount pre- 
 viously fixed by the Court or Courts of General or Quarter Sessions of such County 
 or Counties or by the Justices of such Borough or Boroughs. 
 
 Power to Visitors to purchase in consideration of a Rent reserved. 
 
 XXXII. It shall be lawful for any Committee of Visitors to purchase and take 
 a Conveyance for the Purposes of this Act from any Person having absolute 
 Power to sell and convey, independently of this Act, any I>ands or Buildings, in 
 consideration of a yearly Rentcharge or annual Sum to be limited to such Person, 
 his Heira and Assigns, or as he or they shall direct, out of the Lands or Buildings 
 to be purchased, and the same shall accordingly be conveyed as aforesaid, subject 
 thereto, and to Powers of Distress and Eutry for securing the same. 
 
 Power for Visitors to take a Lease for Rent. 
 
 XXXIII. It shall be lawful for any Committee of Visitors, instead of 
 purchasing any Land or Buildings which they are hereby authorized to purch.ise, 
 to take a Lease thereof for any absolute Term of not less than Sixty Years, at such 
 annual Rfiit and under such Covenants as the said Committee of Visitors think 
 fit : and it shall also be lawful for such Committee to rent any Land by the Year 
 for the Purpose of employing such of the Inmates of the Asylum as maj be tit for 
 such Employment, or otherwise for the Occupation and Use of the Patieuta.
 
 236 APPENDIX. 
 
 Asylum may be erected beyond the Limits of any County or Borough, and Justices 
 of such County or Borouyh may notwithstanding act therein. 
 
 XXXIV. The Asylum to be provided for any County or Borough either 
 solely or jointly, may be without the Limits of such County or Borough, and when 
 any Asylum provided or to be provided solely or in part for any County or Borough, 
 or any Part of such Asylum, is situate within the Limits of any other County or 
 Borough, then and in every such Case the Justices of the County or Borough to 
 •which such Asylum wholly or partly belongs shall have full Power and Autliority 
 to act in such other County or Borough, so far as concerns the Regulation of such 
 Asylum, and the Powers conferred by this Act, in the like Manner as if such 
 Asylum and every Part thereof were situate within such first-mentioned County or 
 Borough. 
 
 Assessment to local Rates not to he increased after Purchases for the Purposes 
 of this or any former Act. 
 
 XXXV. No Lands or Buildings already or to be hereafter purchased or 
 acquired, under the Provisions of any former Act or this Act, for the Purposes of 
 any Asylum, (with or without any additional Building erected or to be erected 
 thereon,) shall while used for such Purposes be assessed to any County, Parochial, 
 or other local Kates at a higher Value or more improved Rent than the Value or 
 Rent at which the same were assessed at the Time of such Purchase or Ac- 
 quisition. 
 
 Certain Provisions 0/ 8 <& 9 Vict. c. 18. incorporated, and extended authorize 
 Exchanges. 
 
 XXXVI. The Provisions of " The Lands Clauses Consolidation Act, 1845," 
 "with respect to the Purchase of Lands by Agreement," " with respect to the 
 Purchase Money or Compensation coming to Parties having limited Interests, or 
 prevented from" treating, or not making Title," and all other Provisions of the 
 said Act applicable to and in the Case of the Purchase of Lands by Agreement, 
 shall be incorporated with this Act ; and all Parties by the said Provisions ern- 
 powered to sell any Lands may give Lands in exchange for the Purposes of this 
 Act for other Lands, and enter into all necessary Agreements for that Purpose, 
 and on any such Exchange Money may be paid by either Party by way of 
 Equality of Exchange, and the said "Provisions " with respect to Purchase Money 
 or Compensation coming to Parties having limited Interests, or prevented from 
 treating, or not making Title," shall apply to any Money coming to any such 
 Parties on any such Exchange ; and any Lands to be purchased or taken in 
 exchange for the Purposes of this Act shall be conveyed to such Persons, being 
 not less than Five in Number, and in such Manner as the Committee of Visitors 
 purchasing tlie same or taking the same in exchange may direct, in trust for the 
 Purposes of this Act ; and any Conveyance to be so made shall have the like 
 Force and Effect as a Conveyance made under Section Eighty-one of the said 
 Lands Clauses Consolidation Act. 
 
 Provision for the Appointment of new Triistees of Land purchased or acquired 
 for Asylum. 
 
 XXXVII. When and so often as any Land purchased or acquired under this 
 Act or any former Act, for the Purposes of an Asylum, shall be vested in less than 
 Three Trustees, or there shall not be any Trustee thereof living, it shall be lawful 
 for ihe Committee of Visitors of such Asylum, or any Three or more of them, by 
 an Instrument in Writing under the Hands of such Visitors or any Three or more 
 of them, to appoint such Number of new Trustees of such Land as such Visitors 
 may think fit ; and such Appointment shall be deposited and kept among the 
 Records of the C(junty or Borough, or, wheie more than One County or Borough 
 is interested in such Land, then among tlie Records of the County or Borough 
 having the largest Interest therein ; and all the Estate and Interest in such Land 
 which at the Time of such Appointment may be vested in any Trustee or Trustees,
 
 APPENDIX. 237 
 
 in trust for the Purposes aforesaid, or in any other Person, as Heir, or Devisee, or 
 otherwise, suliject to sucli Trust, sliall by virtue of such Appointment vest in the 
 Trustees so appointed, eitlier alone, or if tliere be any continuing Trustees or 
 Trusteejointly with such continuing Trustees or Trustee, as tlie Case may require, 
 without any Conveyance or Assignment for that Purpose, 
 
 Visitors to order all ordinary Repairs of Asylums, provided they do not exceed 400L 
 per Annum. As to Payment of Expenses of liepairs, d:c. No Order for Pay- 
 ment of Money exceeding \OQl. to he made unless Notice has been given of the 
 Meeting at which the same shall be ordered. 
 
 XXXVIII. The Committee of Visitors of every Asylum may of their own 
 Authority from Tirue to Tune order all sucli ordinary Repairs as may be necessary 
 for such Asylum, and any Additions, Alterations, or Im|)rovements to or in such 
 Asylum, or the Offices, Outbuildings, Yards, Courts, Outlets, Grounds, Land, and 
 Appurtenances theieto belonging, which to them may seem necessary or proper 
 for the further or better Accommodation of tlie Pauper Lunatics who may be 
 received or taken care of therein, provided that the Expense of all such Additions, 
 Alterations, and Improvements shall not exceed Four hundred Pounds in any 
 One Year ; and if such Aajdum belong to One County or Borou^^h only, they shall 
 cause the Expense of such Repairs, Additions, Alterations, or Improvements to be 
 paid by making an Order upon the Treasurer of such Countj' or Borough for the 
 Payment thereof, but if otherwise they shall apportion such Expense in tlie Pro- 
 portion in wiiich each County or Borough has contributed to the Erection thereof, 
 or where any other Proportion is fixed by any Agreement for the Time being in 
 force, tlien in such other Proportion, and where any such Agreement only pro- 
 vides in what Proportion the Expense of Repairs shall be defrayed, the said 
 Committee shall apportion the Expense of such Additions, Alterations, and Im- 
 provements in the same Proportion unless it be otherwise provided by such Agree- 
 ment, and the said Committee sball make an Order on the Treasurer of each 
 County or Borough for the Payment of the Pro|)ortion to be paid by sucii County or 
 Borough, and such Treasurer shall pay the same accordingly out of any Money of 
 such County or Borough tlien in his Hands, or which may thereafter come to his 
 Hands, not specifically appropriated to any other Purpose, and the same may be 
 recovered from him, for the Benefit of such Asylum, by the Treasurer or Clerk 
 thereof, together with all Costs and Expenses, in any of Her Majesty's Courts at 
 Westminster, or in any other Court of competent Jurisdiction : Provided always, 
 nevertheless, that no Order for any such Repairs, Additions, Alterations, or im- 
 provements as aforesaid, or for the Payment of any Money for the Expenses 
 thereof, where such Expenses exceed the Sum of One hundred Pounds, shall be 
 made, unless Notice of the Meeting at which the same shall be ordered, and of 
 the Intention to determine thereat the Question of such Expenditure, have been 
 given in such Manner and so long before the 'J'inie appointed for the Meeting a3 
 is herein-before provided with respect to Notices of Meetings of Committees of 
 Visitors, nor unless Three Vititnrs concur in and sign such Order : Provided also, 
 that where any such Expenditure as aforesaid is incurred otherwise than for 
 ordinary Repairs, the Visitors shall report the same to the next Cxeneral or Quarter 
 Sessions of the County or Borough, or each County and Borough, on behalf of 
 which such Expenditure has been incurred. 
 
 Power of Visitors, vnth Consent of Secretary of State, to dissolve Unions. 
 
 XXXIX. It shall be lawful for every Committee of Visitors, with the Consent 
 of One of Her Majesty's Princiiial Secretaries of State under his Hand, to deter- 
 mine and dissolve any Union, whether such Union have been formed under this 
 Act or under any former Act, and upon such Dissolution to divide and allot the 
 Lands, Buildings, Hereditaments, Chattels, Monies, and Effects of or belonging 
 to such Union between or among every sucii County and Borough, and the Sub- 
 scribers (if any) between which and whom such Union existed, in the Proportions 
 in which they respectively have contributed thereto or are interested therein, or 
 in such other Proportions and Manner as the said Visitors, with the Approbation
 
 238 APPENDIX. 
 
 of the said Secretary of State, think fit ; and if on any such Division or Allotment 
 there cannot be conveniently allotted to any County or Borough or Subscribers the 
 jiroper Proportion of such County, Borough, or Subscribers in the Lands, 
 Buildings, Hereditaments, Chattels, Monies, and Effects of such Union, there 
 shall be paid to such County, Borough, or Subscribers such Sum of Money as the 
 said Visitors, with the Approbation of the said Secretary of State, may direct, in 
 full or in part Satisfaction, as the Case may require, of the aforesaid Proportion of 
 such County, Borough, or Subscribers ; and every such Sum of Money shall be 
 raised by tlie County or Counties, Borough or Boroughs, to or between or among 
 wliich the Lands, Buildings, Hereditaments, Monies, Chattels, and Effects of the 
 said Union shall be allotted (if more than One) in such Shares as the said Visitors, 
 with the Approbation of the said Secretary of State, think fit, in the same Manner 
 and by the same Means as other Monies are appointed to be raised by Counties or 
 Boroughs for the Purposes of this Act : Provided always, that no Union shall be 
 so dissolved by any Committee of Visitors except under a Resolution of such 
 Committee at a Meeting specially convened for the Purpose of determining the 
 Question of such Dissolution by a Notice given in such Manner and so long 
 before the Time appointed for such Meeting as is herein-before provided with 
 respect to Notices of Meetings of Committees of Visitors, nor unless the Majority 
 oithe whole Number of the Committee of Visitors shall at such Meeting have 
 concurred in such Resolution : Provided always, that in the Case of a Dissolution 
 of Union, where any County or Borough having an Asylum shall be united with 
 any County or Counties. Borough or Boroughs, not having an Asylum, and have 
 erected additional Buildings and incurred any other Expense for their Benefit, and 
 be in the Recei{it of an annual fixed Sum or Rent as a Remuneration for the 
 Expenses so incurred in lieu of the Payment of a Sum in gr iss, it shall be lawful 
 for the said County or Counties, Borough or Boroughs, so paying such Rent, if 
 they shall think fit, to raise, in the same Manner as is provided in the Act for 
 the Purpose of erecting County Asylums, such a Sum of Money for the Purpose 
 of compensating the County or Borough receiving such Rent for the Cessation of 
 such Rent as may he agreed upon and approved of by the Committee of Visitors 
 of such County or Counties, Borough or Boroughs, as may have been so united as 
 aforesaid. 
 
 Power for Tisitors, wilh Consent of Secretary of State, to sell or exchange Lands 
 and Buildingi. Application of Purchase Monies. 
 
 XL. It shall be lawful for every Committee of Visitors, with the previous 
 Consent of One of Her Majesty's Principal Secretaries of Sate under his Hand, to 
 sell, either by Public Auction or Private Contract, and subject to any Conditions, 
 anv Lands or Buildings or Parts of Lands or Buildings which may have belonged to 
 and been used as or together with an Asylum, or which may have been purchased or 
 otherwise acquired under any former Act or this Act, for the Purposes of an Asjdum, 
 and found unsuitable or otherwise not required for such Purposes, or to give the 
 same in exchange for other Lands or Buildings, and to pay or receive through the 
 Treasurer of such Asylum any xMoney by way of Equality of Exchange ; and 
 every Conveyance of Lands or Buildings so sold or given in exchange which shall 
 be executed by the Persons in whom the same may then be vested as Trustees, or 
 by any Three "of the Members of the Committee of Visitors who sell the same, 
 shall be effectual to convey the same for all the Estate or Interest then vested in 
 such Trustees, in trust for the Purposes of such Asylum, and the Receipt of any 
 Three of the Committee of Visitors shall be a sufficient Discharge for the Purchase 
 Monies or for any Monies to be received for Equality of Exchange ; and such 
 Monies, in case the Sale or Exchange be made by a Committee of Visitors of any 
 One County or Borough alone, shall be ap[)lied in carrying into execution the 
 Powers and Purposes of this Act, or shall be paid to the Treasurer of such County 
 or Borough and be applied for the general Purposes thereof, or otherwise, .as the 
 Justices of such County or Borough shall, at some General or Quarter Sessions for 
 such County, or at some Special Meeting of the .Justices of sucli Borough, direct ; 
 and in every other Case the Monies received shall be paid to the Treasurer of the
 
 APPENDIX. 239 
 
 County, Dorough, or Subscribers to which or to whom the Property sold or ex- 
 changed belonged, in case it belonged to any One of them, or if the same was 
 joint Property then to the respective Treasurera of every County and Borough, 
 and of the Subscribers, if any, in the Proportion in which such County, Borough, 
 and Subscribers were respectively interested therein ; and such Monies shall be 
 lield and applied by every such Treasurer, in tiie Case of a County or Borough, as 
 Part of the general Rates or Funds of such County or Borough, and in the Case of 
 any Subscribers, as the Majority of such of the Subscribers as shall be present at 
 any Meeting convened for that Purpose shall direct. 
 
 Visitors may, with Consent of Secretary of State, get released from Contracts. 
 
 XLT. Where any Committee of Visitors have (either before or after tlie passing 
 of this Act) contracted for the Purchase of any Lands for the Purposes of an 
 Asylum, or for any Exchange of any Lands for other Lands for such Purposes, aud 
 the Lands so contracted to be purchased or taken in exchange are found to be 
 unsuitable or are not retjuired for such Pur[)oses, such Committee, or any other 
 Committee appointed in their Place, may, with the Consent in Writing of One of 
 Her Majesty's Principal Secretaries of State, (notwithstanding sucli Contract may 
 have been approved as n quired by the said Acts hereby repealed, or this Act,) 
 procure a Release from the said Contract, and in consideration of such Sum of 
 Money (if any) as the said Committee, with such Consent as aforesaid, may agree 
 to pay ; and the said Committee or any Three of such Committee may, in con- 
 sideration of such Release, execute a Release to the other Party, to such Contract 
 oi- other the Persons bound thereby ; and the Consideration Money (if any) by the 
 said Committee agreed to be paid as aforesaid, and all Expenses in relation to 
 the said Contract and Releases, shall be paid, defrayed, and raised in like Manner 
 as if the same were payable in respect of the Purchase of Lauds for the Purposes 
 aforesaid. 
 
 Visitors empowered to contract for the Reception of Pauper Lunatics into Asylums 
 of other Counties or Hospitals or licensed Houses. Period of such Contract 
 limited. As to Money payable under Contract for Reception of Lunatics into 
 any Asylum. 
 
 XLII. It shall be lawful for every Committee of Visitors to contract with the 
 Committee of Visitors of any Asylum, or with the Subscribers to any Hospital 
 registered or the Proprietor of any House licensed for the Reception of Lunatics, 
 for the Reception into such Asylum, Hospital, or Hcnise of the whole or of a 
 Portion of the Pauper Lunatics of the County or Counties, Borough or Boroughs, 
 or Counties and Boroughs, or any of them respectively, for which such first- 
 mentioned Commitiee is acting, or for the Use ;inu Occupation of all or any Part 
 of such registered Hospital or licensed House, at such Sum, either in gross or by 
 way of annual or other periodical Payment or Rent, and under and subject to such 
 Terms, Stipulations, and Conditions, as such Visitors shall think fit ; and it shall 
 be lawful for the Committee of Visitors of any Asylum, or the Subscribers to any 
 registered Hospital, or the Proprietor of any licensed House, to contract with 
 any Conmiittee of Visitors accordingly : Provided always, that no such Contract 
 shall be made for any longer Period than for the Term of Five Years, and that 
 any such Contract may be detjrmined by Notice in Writing under the Hand of 
 One of Her M;ijesty's Principal Secretaries of State, and that every such Contract 
 with the Proprietor of a licensed House shall determine on such House ceasing to 
 be duly licensed for the Reception of Lunatics ; provided also, that no such Con- 
 tract shall exempt the Justices of any (. ounty or Borough or any C'ommit'ee from 
 the immediate Duty and Obligation of erecting or providing, or uniting in 
 erecting or providing, an Asylum or additional A.sylum, or of enlargins: or im- 
 proving any Asylum, as retjuired by this Act, where One of Her Majesty's 
 Principal Secretaries of State has caused Notice to be given as aforesaid for the 
 Determination of such Contract, although the Term for which such Contract w.as 
 entered into has not expired by EfBuxion of Time : Provided also, that any Money
 
 240 APPENDIX, 
 
 which may he payable under such Contract for the Reception of the Lunatics of 
 any County or Borough into any Asylum beyond the weekly hums which may be 
 charged under this Act for the Lodging, Maintenance, Medicine, Clothing, a,ud 
 Care of Lunatics in the Asylum belonging to the County or Borough to which 
 such Lunatics shall belong, shall be paid, defrayed, and raised by such County or 
 Barough out of any Monies in the Hands of the Treasurer for the County which 
 sliall be applicable for the Repairs or other ordinnry Expenses of such Asylum ; 
 provided also, that any Hospital or licensed House with the Subscribers or Pro- 
 prietor of which any such Cummittee so contract as aforesaid shall be subject to 
 the Visitation of any of the Members of such Committee for the Time being. 
 
 When any Asylam can accommodate more than the Lunatics of the County or 
 Borougli, Visitors may order the Admission of other Lunatics. 
 
 XLIII. Whenever it appears to the Committee of Visitors of any Asylum 
 that such Asylum is more than sufiBcient for the Accommodation of all the Pauper 
 Lunatics of the County or Borough or each County and Borough to which the 
 same wholly or in part belongs, and of any County or Counties, Borough or 
 Boroughs with which any existing Contract for the Reception of all or any of the 
 Pauper Lunatics thereof in such Asylum has been entered into, or which shall 
 otherwise contribute to such Asylum, it shall be lawful for the Committee of Visi- 
 tors, if they think tit, to give Notice thereof by Advertisement in some Newspaper 
 commonly cii-culated in such County or Borough, or every such County or Borough 
 as aforesaid, and (subject nevertheless and without Prejudice to any Agreement 
 with any voluntary Subscribers,) by a Resolution of the said Committee, to per- 
 mit the Admission of so many Pauper Lunatics of any other County or Borough, 
 and (if such Committee think fit) Lunatics not Paupers, but who, in the Opinion 
 of such Committee, may be proper Objects to be admitted into a public Asylum, as 
 to such Committee may seem expedient, and at any Time to rescind or vary any 
 such Resolution ; and such Committee may, if they think fit, by such Resolution 
 require that no Pauper Lunatic shall be admitted into such Asylum thereunder 
 without an Undertaking by the Minute of the Guardians of the Union or Parish, 
 or sio-ned by Two of the Overseers of the Parish, to which such Lunatic is charge- 
 able,°orin the Case of a Lunatic not a Pauper by the Person signing the Order for 
 the Admission of such Lunatic, for the due Payment of the weekly Charge for the 
 Lodging, M untenance. Medicine, Clothing, and Care of such Lunatic during his 
 Continuance in such Asylum, and of the Expenses of his Burial in case he die 
 therein, as well as for the Removal of such Lunatic from such Asylum within Six 
 Days after Due Notice given in Writing by the Superintendent of such Asylum ; 
 and such Lunatic not being a Pauper shall have the same Accommodation in all 
 respects as the I'auper Lunatics. 
 
 No Visitor to have any Interest in any Contract or Agreement. 
 
 XLIV. No Visitor of any Asylum shall have or take, or be capable of having 
 or taking, any Interest or Concern whatsoever, either in his own Name or in the 
 Name of any other Person, in any Contract or Agreement to be made under the 
 Authority of this Act or in anywise relating to or connected with such Asylum, or 
 shall for any Design or Plan he may deliver or produce, receive any Benefit or 
 Emolument whatever, or otherwise have or take any Benefit or Emolument what- 
 soever, from or out of the Funds of the Asylum : Provided always, that this 
 Enactment shall not extend to any such Interest, Benefit, or Emolument which 
 any Visitor may have or derive by reason of his being a Shareholder of any Joint 
 Stock Conijiany established by Act of Parliament or by Charter, with which any 
 Contract may be entered into on behalf of such Asylum, or which may otherwise 
 receive any Benefit or Emolument out of the Funds of the Asylum ; provided that 
 no Contract or Dealing between such Company and the Visitors of such Asylum be 
 at or upon Rates or Terms more advantageous to such Company than in the Case 
 of Contracts or Dealings by such Company witii other Parties.
 
 APPENDIX. 241 
 
 Plans, <Lc., to be submitted to Commissioners in Lunacy, and approved by 
 Secretary of State. 
 
 XLV. Every Committee of Justices or Visitors sliall submit ;ill Agreements 
 for uniting for the Puij)osea of tiiis Act, and all Contracts under this Act, for the 
 Reception of the Pauper Lunatics of any County or Borough, or any of them, into 
 any Asylum, registered Hospital, or licensed House, or for the Use and Occupation 
 of ail or any I'art of any such Hospital or licensed House, and all Plans for 
 building or providing or enlarging or improving any Asylum for Pauper Lunatics, 
 and all Contracts for Purchases of Lands or Buildings for any such Purpose, to the 
 Commissioners in Lunacy, who shall make such Inquiries in reference thereto, and 
 to the Amount of the Accommodation requiring to be provided, as they may deem 
 proper, and shall report thereon in Writing to One of Her Majesty's Principal 
 Secretaries of State, and such Committee shall submit to One of such Secretaries of 
 State Estimates of the Cost and Expense of carrying into execution such Plans, 
 and no such Agreement, Contract, or Plan shall be carried into effect until the 
 same has been approved by such Secretary of State in Writing under his Hand. 
 
 How Monies to be raised for providing Asylums. 
 
 Provisions for raising Monies required for the Purjwses of this A cf by County and 
 
 Borough Rates. 
 
 XLVI. In order to pay and defray the Monies, Costs, and Expenses payable 
 for any of the Purposes of this Act, or the siid Acts hereby repealed, by any 
 County, the Justices of such County at any General or Quarter Sessions, for the 
 same, may and shall assess and tax a General County Rate or Rates upon such 
 County, and may and shall fix a Sum or Rate to be contributed by all Places what- 
 soever within such County, (other than any Borough being within such County or 
 by this Act for the Purposes thereof annexed thereto,) and whether such Places be 
 or be not liable to contribute to an ordinary County Rate; and in order to pay and 
 defray the Monies, Costs, and Expenses paj'able as aforesaid by any Borough, the 
 Council of such Borough may and shall assess a General Borough Rate in the 
 Nature of a County Rate upon such Borough, and the said Rates shall be collected, 
 levied, and recovered in the same Manner, and by the same Powers, Authorities, 
 Ways, and Means, and under the same Penalties, as any ordinary Rate for such 
 County or Borough respectively may by Law be collected, levied, and recovered ; 
 and the Monies, Costs, and P]xpenses to be paid and contributed by any County or 
 Borough for the Purposes of this Act shall be paid by the Treasurer of such County 
 or Borough, out of the Rates aforesaid, to the Treasurer of the Asylum to which 
 such County or Borough shall either alone or jointly pay or contribute : Provided 
 always, that it shall be lawful for the Council of any Borough, if they think fit, to 
 direct that any Monies ]iayable for the Purposes of this Act, or any Part thereof, 
 shall be paid out of the Borough Fund of such Borough, and such Monies shall be 
 paid by the Treasurer of such Borough out of such Fund accordingly. 
 
 Power for Justices of Counties and Councils of Boroughs to raise Money by 
 Mortgage of the Rates. 
 
 XLVII, It shall be lawful for the Justices of every County in General or 
 Quarter Sessions assembled, or the major Part of them, such major Part not being 
 less than Five, and for the Council of every Borough, from Time to Time, to 
 borrow and take up on Mortgage of the Rates to be made under this Act for such 
 County or Borough, or on Mortgage of such Rates together with all other Rates or 
 Funds, or any of them, of the same County or Borough, all or any of the Monies 
 required for paying and defraj'ing any such Monies, Costs, and Expenses, as afore- 
 said, payable by such County or Borough ; and such Money may be so raised at 
 any Rate of Interest not exceeding Five Pounds per Centum per Annum, and 
 every such Mortgage may be made by an Instrument in the Form contained in the 
 Schedule B. hereunto annexed, or to that or the like Effect, and shall be executed 
 in the Case of a County by the Chairman and Two or more other Justices present 
 
 K
 
 24^2 APPENDIX. 
 
 at the Time of making such Mortgage, and in the Case of a Borough by afBxing 
 the Common Seal of the Boiougli thereto ; and every such Mortgage shall be 
 effectual for securing to the Person advancing the Sum of Money in such Mortgage 
 expressed to be advanced, his Executors, Administrators, and Assigns, the Repay- 
 ment thereof, with Interest for the same, after such Rate and at such Time and m 
 such Manner as in such Mortgage provided ; and the said Mortgages shall be 
 numbered in the Order of Succession in which they are granted ; and Copies or 
 Extracts of all such Mortgages shall be kept by the Clerk of the Peace, or other 
 proper Officer having the Custody of the Records of the Quarter Sessions of sucli 
 County, or of the Records of such Borough, as the Case may be ; and every Person 
 to whom any such Mortgage has been made under the Act hereby repealed, or any 
 former Act, or is made under this Act, his Executors or Administrators, is hereby 
 empowered, by endorsing his or their Name or Names on such Mortgage, to trans- 
 fer the same, and his and their Kii;ht to the Principal Money and Interest thereby 
 secured, unto any Person, and every Assignee under this Act or any former Act 
 of any such Mortgage, his Executors and Administrators, may in like Manner 
 transfer the same again, and so Mies quoties ; and the Persons to whom such Mort- 
 gages or such Transfer thereof are made, their Executors and Administrators, shall 
 be^'Creditors upon the Rates and Funds thereby expressed to be mortgaged in an 
 equal Degree one with another, and shall not have any Preference or Priority 
 other than is provided under the Powers of this Act. 
 
 Power to Public Worlcs Loan Commissioners to lend Money for Purposes 
 of this A ct. 
 
 XLVIIT. It shall be lawful for the Justices and Council of any County and 
 Borough respectively to make Application for any Advance of any Sum necessary 
 for the Purposes of this Act, or the said Acts hereby repealed, to the Commissioners 
 acting in the Execution of an Act of the Session holden in the Fourteenth and 
 Fifteenth Years of Her Majesty, Chapter Twenty-three, " to authorize for a further 
 Period the Advance of Money out of the Consolidated Fund to a limited Amount 
 for carrying on Public Works and Fisheries, and Employment of the Poor," and 
 any Act or Acts amending or continuing the same, and the said Commissioners 
 are hereby empowered, if they think fit, to make such Advance upon the Security 
 of such Mortgage as aforesaid. 
 
 Provision for the Payment of the Interest on the Mortgages, and of a Portion 
 of the Principal in each Year. 
 
 XLIX. The said Justices or Council, as the Case may be, shall in every Year 
 chan'e the Rates or Funds of such County or Borough with the Sum for the Time 
 bein" required to pay the Interest of the Money borrowed or any IVIortgages under 
 this Act or any former Act, or such of them as for the Time being remain unpaid, 
 and also with the Payment of a further Sum, not less than One Thirtieth Part of 
 the whole of such Mortgages at the Time of the same being first made, and such 
 Sums shall be applied under the Direction of the sa.id Justices or Council in dis- 
 charge of the Interest on the said Mortgages or such of them as for the Time 
 being remain unpaid, and of so many of the Principal Sums owing on the said 
 Mortira^es for the Time being remaining unpaid, as such Sums after Payment of 
 the Interest as aforesaid will extend to discharge, until the whole of the Principal 
 Monies for which such Mortgages shall have been made, and the Interest thereof 
 shall be fully paid and discharged ; and the said Justices and Council, as the Case 
 may be, are and is hereby required to fix Ont- or more Days in each Year on which 
 such Payment shall be made, and shall make Orders for Assessments indue Time, 
 so as to provide for such Payments being regularly tnade ; and the said Justices or 
 C'luncii, as the Case may be, shall, by Agreement with the Parties, or othei-s ad- 
 vancin"- any Money for the Purposes of this Act, determine the Order or Priority 
 in which the several Sums advanced shall be respectively discharged ; and the 
 .Justices of every County and the Council of every Borough so borrowing Money 
 on Mortgage as aforesaid are and is hereby required to appoint a proper Person
 
 APPENDIX. 243 
 
 to keep an exact and regular Account of all Receipts and Payments in respect of 
 Principal Monies borrowed or taken up as aforesaid under this Act or any former 
 Act, and the Interest thereof, in a Book or Books separate and a|)art from all 
 other Accounts, and the said Book and Books, duly adjusted and settled up to the 
 Time being, to deliver annually, in the Case of a County into Court at some 
 General or Quarter Sessions for such County, and in tlie Case of a Borough to the 
 Council of the Borough, at such Time as such Council shall appoint ; and tl»e 
 Justices for every such County at such Sessions, and the Council for every such 
 Borough, are and is hereby required carefully to inspect all such Accounts, and to 
 make such Orders for carrying the several Purposes aforesaid into execution as to 
 them shall seem meet. 
 
 Provinion to he made for paying Money borrotved icithin a limited Time not 
 exceeding Thirty Years. 
 
 L. Provided always, That the Justices of every County and the Council of 
 every Borough borrowing Money as aforesaid shall make Provision by means of 
 the Rates which they are hereby respectively authorized to make, and by the Orders 
 and Directions which they are hereby authorized to give, that the whole Principal 
 Money to be borrowed under the Authority of this Act by such County or Borough, 
 and all IiHerest for the same, shall be fully paid and discharo-ed within a Time to 
 be limited by such Justices or Council, not exceeding Thirty Years from the Time 
 of borrowing the same. 
 
 Persons lending Money on Mortgage of Rates, dec, not hound to give Proof that 
 Notices have been given, d'c. 
 
 LI. No Person lending Money to any Justices of any County or the Council 
 of any Borough, and taking a Mortgage for securingT Repayment of the same, exe- 
 cuted in mantier directed by this Act, and purporting to be made under the 
 Authority of this Act, shall be bound to require Proof that the several Provisions 
 of this Act or of any former Act or Acts have been duly complied with; and if 
 there be an Order of the Justices of any County in General or Quarter Sessions, or 
 of the Council of any Borough making Application for the Loan, and any Mortcr'a.re 
 have been thereupon duly executed, either before or after the passing of this Act 
 as by any Act then in force or this Act is provided, the Justices or Council (as the 
 Case may be) shall have and be deemed to have had full Power to lew the Rates 
 so mortgaged for Repayment of tiie Money so borrowed, with Interest, notwith- 
 standing that the Provisions of this Act or any former Act or Acts may not have 
 been complied with ; and it shall not be competent to anv Ratepaver or other 
 Person to question the Validity of any such Rate or Mortgage on the Ground that 
 such Provisions had not been complied with. 
 
 Power to raise Money to pay off Sums already borroioed. 
 LIT. Provided also, That in every Case in which any Monies have been 
 borrowed under the Powers of :iny former Act or this Act, it shall be lawful for 
 the Justices of the County or Council of the Borough for which such Monies shall 
 have been borrowed, (with the Consent of the Parties to whom the same shall be 
 owing,) to pay off the Monies so borrowed, and to raise and borrow the Monies 
 necessary for that Purpose, and also to repay the said last-mentioned Monies and 
 the Interest thereof, under the Powers of this Act, as if such Monies were borrowed 
 under the Powers herein-before contained ; but so, nevertheless, that all Monies 
 borrowed shall be discharged within Thirty Years from the Time of first borrowing 
 the same. " 
 
 Regulation and Management of Asylums, and Appointment of Oeficers. 
 
 Visitors to submit General Rules to the Secretary of State, and, subject to such 
 
 General Rides, to make Regulations and determine Diet of Lunutirs. 
 LIU. Every Committee of Visitors shall, within Twelve Months after the 
 passing of this Act, in the Case of every Asylum alrt-ady established and General 
 
 K 2
 
 244 APPENDIX, 
 
 Rules for the Government whereof have not been already submitted to One of Her 
 INIajesty's Principal Secretaries of State, and within Twelve Months after the Com- 
 pletion of every Asylum hereafter established, submit the existing General Rules, 
 or General Rules to be prepared by such Committee, for the Government of the 
 Asylum imder their Superintendence to One of Her Majesty's Principal Secretaries 
 of State for his Approval ; and such Rules, when approved by him, shall be 
 printed, abided by, and observed ; and every such Committee shall have Power, 
 with the like Approbation, to alter and vary such Rules from Time to Time as they 
 think necessai'y ; and every such Committee shall make from Time to Time such 
 Regulations and Orders as they think fit, not inconsistent with the General Rules 
 for the Time being in force for the Management and Conduct of the Asylum, and 
 in such Regulations there shall be set forth the Number and Description of Officers 
 and Servants to be kept, the Duties to be required of them, and the Salaries to be 
 paid to them respectively ; and every such Committee shall from Time to Time 
 determine the Diet of the Patients ; and in and by such Regulations such Com- 
 mittee may direct tliat any Number of Beds in such Asylum, and in such respective 
 Parts thereof as such Committee may think fit, shall lie always reserved for such 
 Cases as in and by such Regulations shall be in this Behalf mentioned ; and in such 
 Case such Asylum shall, for the Purposes of this Act, as respects the Admission 
 of all Cases not within the Description or Class for which such Beds are reserved, 
 be deemed full when there are no vacant Beds in such Asylum except those so 
 reserved, but nevertheless it shall be in the I'ower of the Committee of Visitors of 
 sucli Asylum for the Time being to fill the Beds so reserved as they may deem 
 expedient ; and any such Committee may, if they see fit, by any such Regulations 
 or Order, exclude from Admission into the Asylum Persons afflicted with any 
 Disease or Malady which such Committee n)ay deem contagious or infectious, and 
 Persons coming from any District or Place in which any such Disease or Malady 
 may be prevalent. 
 
 Visitors to fix weekly Rate to hexxiid for Maintenance of each Lunatic, not to exceed 
 14a-. per Week. If the Rate be found insufficient. Justices in Quarter Sessions 
 may increase it. 
 
 LTV. Every Committee of Visitors shall fix a weekly Sum to be charged for the 
 Lodging, Maintenance, Medicine, Clothing, and Care of each Pauper Lunatic con- 
 fined in such Asylum, of such Amount that the same may be sufficient to defray the 
 whole Expense of the Lodging, Maintenance, Care, Me'licine, and Clothing, and 
 other P>xpenses requisite for each Pauper Lunatic, and that the total Amuunt of 
 such weekly Sums, after defraying such Expenses, may also be sufficient to pay the 
 Salaries of the Officers and Attendants, and such Committee may from Time to 
 Time alter the Amount of such weekly Sum as Occasion may require ; provided 
 always, that any such Committee may, if they think fit, fix a greater weekly Sum 
 to be charged as aforesaid in respect of Pauper Lunatics other than those sent to 
 such Asylum from or settled in some Parish or Place situate in any County or 
 Borough to which such Asylum belongs ; provided also, that such Sum shall in no 
 Case exceed the Rate of Fourteen Shillings pe»' Week ; but if the aforesaid Rate of 
 Fourteen Shillings Vje found insufficient for the Purposes aforesaid, it shall be lawful 
 for the major Part of the Justices of the County or Borough, or of each County or 
 Borough to which such Asylum may belong, present at any General or Quarter 
 Sessions for such County, or at a Special Meeting of the Justices of such Borough, 
 or each such County or Borough respectively, to make such Addition to such Rate 
 MS to them respectively shall seem fit and necessary, and to make an Order or 
 Orders accordingly, which Order or Orders shall be signed by the Clerk of the 
 Peace for the County, or Clerk to the Justices foi- the Borough, and forthwith 
 published in some Newspaper commonly circulated within such County or Borough. 
 
 Visitors to appoint a Chaplain. Patients allowed the Visits of any Minister of 
 their own persuasi.on. Visitors to appoint Medical Officer, Clerk, and Teasurer, 
 and such other Officers and Servants as they think fit. 
 
 LV. The Committee of Visitors of every Asylum shall appoint a Chaplain for 
 the same, who shall be in Priest's Orders, and shall be licensed by the Bishop of the
 
 APPENDIX. 245 
 
 Diocese, and the Licence of any such Chaplain as aforesaid shall he revocable by the 
 liishop whenever lie shall think fit ; and such Chaplain, or his iSuiwtitute approved 
 hy the Visitors, shall perform and celebrate, in the Chapel of or in some convenient 
 Place within or belonging to such Asylum, Divine Service according to the Kites 
 of the Church of England as establislied by Law, on every Sunday, Ckristmuis Day, 
 and Good Friday, and shall also perform and celebrate sucb liervice witiiin the 
 said Asylum at such other Times, and also such other Services according to the 
 liites of the Church of England as established by Law at such Times, as the 
 Visitors shall direct ; and if any Patient be of a religious Persua&ion differing from 
 that of the Estai)lished Church, a Minister of such P'ersuasion, at the special 
 Request of such Patient, or his Friends, shall, with the Consent of tiie Medi'-al 
 Officer of such Asylum, aud under such Regulations as he shall direct, be allowed 
 to visit such Patient at proper and reasonable Times ; and the Committee of 
 Visitors of every Asj'lum shall aj)point a Rledical Officer, who shall be resident in 
 such Asylum, aud who shall not be Clerk or Treasurer of such Asylum, and a 
 Clerk and Treasurer, and such other Officers and Servants for the Asylum, as the 
 Committee may think tit ; and the Committee shall have Power to remove the 
 Chaplain, Medical Officer, Clerk, and Treasurer, or any other Officer or Servant, 
 and shall from Time to Time, upon every Vacancy, by Death, Removal, or other- 
 wise, in the Office of the Chaplain, Medical Officer, Clerk, or Treasurer of the 
 Asylum, appoint some other Person to such Office, subject to the Conditions and 
 Restrictions affecting the original Appointment to such Office, and may from Time 
 to Time fill up or not, as in their Discretion they may think fit, Vacancies among 
 other Officers and Servants of the Asylum ; and the Committee shall, if they think 
 fit, have Power to appoint a Visiting Physician or Surgeon to every such Asylum, 
 and shall from Time to Time appoint the Medical Officer or one of the Medical 
 Officers (if more than One) of the Asylum, or where there is a separate Medical 
 Officer of each Division, then the Medical Officer or One of the Medical Officers 
 (if more than One) of each Division, to be the Superintyndunt of the Asylum, or of 
 such respective Division thereof, and may remove any such Officer from being such 
 Superintendent, and such Superintendent shall be resident in the Asylum ; and 
 the Committee shall from Time to Time fix the Salaries and Wages to be paid to 
 the Officers and Servants of the Asylum: Provided always, that it shall be lawful 
 for the said Committee, with the Sanction and Approbation of One of Her 
 Majesty's Principal Secretaries of State, to appoint an}' Person other than such 
 Medical Officer to he such Superintendent : Provided also, that where, on the 
 'J'enth Day of February One thousand eight hundred and fifty-tiiree, any Person, 
 other than a resident Medical Officer, was the Superintendent of any Asylum, such 
 I'erson may continue to be such Superintendent as if this Act had not been 
 passed, unless and until the Committee otherwise direct. 
 
 Clerk of Asylum to transmit to Commissioners in Lunacy Information of 
 Dismissal of A ttendants. 
 
 LVL The Clerk of every Asylum shall, within One Week after the Dismissal 
 for Misconduct of any Nurse or Attendant employed in such Asylum, transmit to 
 the Commissioners in Lunacy, by the Post, luformation in Writing under his 
 Hand of such Dismissal, and of the Cause thereof ; and every such Clerk neglecting 
 to transmit such Information to the said Commissioners within One Week after 
 the Dismissal of any such Nurse or Attendant shall for every such Offence forfeit 
 any Sum not exceeding Ten Pounds. 
 
 Visitors may grant Superannuations to the Superintendent, <tc., not exceeding 
 Two Thirds of their Salaries. 
 
 LVII. In case any Superintendent, Chaplain, Matron, or any Officer or 
 Servant of any Asylum, become, from confirmed Sickness, Age, or Infirmity, in- 
 capable of executing the Office in Person, or have been an Officer or Servant in 
 the Asylum for not less than Twenty Years, aud be not less than J'ifty Vears of 
 Age, it shall be lawful for the Committee of Visitors of such Asylum, if in their
 
 216 APPENDIX. 
 
 Discretion they think fit so to do, but not otherwise, to grant to such Superin- 
 tetident, Chaplain, Matron, or other Officer or Servant such Annuity by way of 
 Superannuation as they in their Discretion think proportionate to the Merits and 
 Time of Service of such Superintendent, Chaplain, Matron, or other Officer or 
 Servant (whether incapable from Sickness, Age, or Infirmity, or retiring from long 
 Service and Age), and every such Annuity shall be payable out of the Rates law- 
 fully applicable to the building or repairing of such Asylum : Provided always, 
 thtit the annual Amount paid by way of Superannuation to any retired Superin- 
 tendent, Chaplain, Matron, or other Officer or Servant of any Asylum shall not 
 exceed the Amount of Two Thirds of the Salary payable at the Time of his or her 
 Retirement, and that no such Superannuation shall be granted unless Notice of 
 the Meeting at which the same shall be granted, and of the Intention to determine 
 thereat the Question of such Superannuation, have been given, in such Manner 
 and so long liefore the Time appointed for such Meeting as is herein-before pro- 
 vided with respect to Notices of Meetings of Committees of Visitors, nor unless 
 Three Visitors concur in and sign the Order granting the same. 
 
 Clerk of the Asylum to heep Account of Monies paid and received, and send Abstract 
 thereof annually to Secretary of State and Commissioners in Lunacy. 
 
 LVIII. The Clerk of every Asylum shall keep all Books, Documents, and 
 Instruments which the Visitors of the Asylum are required to keep or direct to be 
 kept, and siiall also keep an Account of all Monies received or paid on account of 
 the Asylum, either to or by the Treasurer of the Asylum or otherwise, and shall in 
 the Month of March in every Year send an Abstract of such Account for the Year 
 Ijrevious ending on the Thirty-first Day of December to One of Her Majesty's 
 Principal Secretaries of State, and to the Clerk or Clerks of the Peace of the 
 County or Borough, or of each County or Borough, to which the Asylum shall 
 belong, and also to the Commissioners in Lunacy, such Abstract to contain such 
 Particulars and be in such Form as the Commissioners in Lunacy may direct : 
 and such Commissioners shall, within One Month from the Receipt of such 
 Abstract, cause a Copy thereof to be laid before both Houses of Parliament. 
 
 Treasurer to keep Accounts. 
 
 LIX. The Treasurer of every Asylum shall keep Accounts of all Monies 
 received and paid by him. 
 
 Visitors to audit Accounts. 
 
 LX. The Committee of Visitors of every Asylum shall, previously to the 
 Month of March in every Year, audit the Accounts of the Treasurer and Clerk of 
 such Asjluin, and shall report the same to the next General or Quarter Sessions of 
 the County or each of the Counties, and to the Council of the Borough or each of 
 the Boroughs, to which the Asylum wholly or in part belongs. 
 
 Two Visitor a at least to visit once in every Two Months every Asylum. 
 
 LXI. Not less than Two Members of every Committee of Visitors shall 
 together, once at the least in every Two Months, inspect every Part of the Asylum 
 <jf wliich they are Visitors, auii see and examine, as far as Circumstances will 
 permit, every Lunatic therein, and the Order and Certificate for the Admission of 
 every Lunatic admitted since the last Visitation of the Visitors, and the General 
 Books kept in such Asylum, and shall enter in a Book to he kept for that Purpose 
 any Remarks wliich they may deem proper in regard to the Condition and Manage- 
 ment of such Asylum and the Lunatics therein, and sliall sign such Book uj^uu 
 every such Visit. 
 
 Annual Reports to he made by Committees of Visitors to Justices at Quarter 
 Sessions, <It., and Copies seat to Commissioners in Lunacy. 
 
 LXII. The Committee of Visitors of every Asylum shall in evei-y Year lay 
 before the Justices of every County and Borough to which such Asylum wholly or
 
 APPENDIX. 247 
 
 in part belongs, at the Court of General or Quarter Sessions to be holden next 
 after the Twentieth Day of December in every Year for such County, or at a 
 Special Meeting of the Justices of such Borough to be holden within Twenty 
 Days after the Twentieth Day of December in every Year, a Report in Writing of 
 the State and Condition of such Asylum, and as to its Sufficiency for the proper 
 Acconiinodalion of the Number of Lunatics for whom it may be requisite to 
 l)rovide Accommodation, and as to the Management of such Asylum, and the 
 Conduct of the Officers and Servants thereof, and the Care of the Patients therein, 
 and such Committee may in such Report make such Remarks or Observations in 
 relation to any Matters connected with such Asylum as they may think fit ; and 
 the Clerk to such Committee shall transmit a Copy of such Report to the Commis- 
 sioners in Lunacy, and if any such Clerk neglect so to do for Twenty-ine Days 
 after the laying of such Report before the Justices of any County or P>orough, he 
 shall for such Offence forfeit any Sum not exceeding Ten Pounds. 
 
 Liit^ of Pauper Patients in Asylums to he made half-yearly and laid before 
 Visitors, and Copies transmitted to Clerks of the Peace and Commissioners 
 in Lunacy. Lists of private Patients to be sent half-yearly to the Commis- 
 sioners. 
 
 LXIIL The Clerk of every Asylum shall, on the First Day of January and 
 the First Day of July in every Year, prepare a List of all Pauper Lunatics then in 
 such Asylum, according to the Form in Schedule (C. ) No. 1. to this Act annexed, 
 and within Fifteen Days after such List shall have been prepared One Copy thereof 
 shall be laid by such CJerk before the Visitors of the Asylum, and another shall be 
 transmitted by him to the Clerk of the Peace of every or any County and to the 
 Clerk to the justices of every or any Borough to which such Asylum solely or 
 jointly belongs, to be by him laid before the Justices of such County or Borough, 
 and another Copy of such List shall within the same Time be transmitted by such 
 Clerk to the Corainissioners in Lunacy ; and the Clerk of every Asylum receiving 
 private Patients shall also on the First Day of January and First Day of July 
 in every Year prepare a List containing the Christian Names and Surnames of all 
 the private Patients in such Asylum in the Form in Schedule (C.) No. 2. to this 
 Act annexed, and shall within Fifteen Days after such List shall have been pre- 
 pared transmit the same to the Conmiissioners in Lunacy ; and shall also within 
 the same Time transnut to such Clerk of the Peace and Clerk to the Justices as 
 aforesaid, for the Purposes aforesaid, a Certificate under his Hand of the Number 
 of such private Patients of each Sex. 
 
 Clerks of Boards of Guardians, and Overseers where no Guardians, to make 
 annual Returns of Pauper Lunatics. 
 
 LXIV. The Clerk of the Board of Guardians of every Union, and of every 
 Parish under a Board of Gu;irdians, and the Overseers of every Parish not in a 
 Union nor under a Board of Guardians, shall, on the First Day of January in 
 everv Year, or as soon after as may be, make out and sign a true and faithful List 
 of all Tjuuatics chargeable to the Union or Parish in the Form in Schedule (D.) 
 hereunto annexed, and shall, on or before the First Day of February next suc- 
 ceeding, lay One Coj^y of such List before the Visitors of the Asylum or before 
 the Visitors of each Asylum (if more than One) of the County or Borough in which 
 such Union or Parish is situate, and shall transmit One Copy of such List to the 
 Clerk of the Peace of the County, or the Clerk to the Justices of the Borough 
 within which the Union or Parish to which each such Lunatic is chargeable \n 
 situate, to be by him laid before the Justices acting for such County at their 
 next General or Quarter Sessions, or before the Justices of such Borough, and 
 another Copy of such List to the Commissioners in Lunacy, and another Copy 
 thereof to the Poor Law Board ; and any such Clerk or Overseer neglecting to 
 make out and sign such List, or to transmit Copies thereof, as herein directed, 
 shall for every such Offence forfeit any Sum not exceeding Twenty Pounds.
 
 24)8 APPENDIX. 
 
 Power for Medical Persojis, Guardians, and Overseers of Unions and Parishes, to 
 visit Pauper Patients of such Unions and Parishes confined in any Asylum. 
 
 LXV. Any Physician, Surgeon, or Apotliecary to be appointed by the Guar- 
 dians of any Union or Parish, or the Overseers of any Parish, and also the 
 Guardians of any Union or Parish, and the Overseers of any Parish, shall be 
 permitted, whenever they see fit, between the Hours of Eight in the Morning and 
 Six in the Evening, to visit and examine any or every Pauper Lunatic chargeable 
 to such Union or Parish confined in any Asylum, registered Hospital, or licensed 
 House: Provided always, that if the Medical Officer of any Asylum be of opinion 
 that it will be injurious to any Lunatic to permit such Visit and Examination, and 
 such Medical Officer state in Writing the Reasons why such Lunatic should not be 
 visited and examined, and sign such Statement, and deliver the same to the Person 
 or Persons so requiring to visit and examine such Lunatic, then and in such Case 
 it shall be lawful for such Medical Officer to refuse such Visit and Examination ; 
 and in every such Case such Medical Officer shall forthwitli enter in the Medical 
 Journal the Reasons set forth in such Statement for such Refusal, and shall 
 sign such Entry. 
 
 Provisions conceening Visitation, Confinement, Removal, and 
 Discharge of Lunatics. 
 
 Every Pauper Lunatic not in an Asylum, registered Hospital, or licensed House, to 
 be visited once a Quarter by the Medical Officer of the Parish or Union and 
 last of such Lunatics to be sent to Commissioners in Lunacy. 
 
 LXVI. Every Pauper Lunatic not in an Asylum, or a Hospital registered or a 
 House licensed for the Reception of Lunatics, shall be visited once in every 
 Quarter of a Year (reckoning the several Quarters of the Year as ending on the 
 Thirty-first Day of March, the Thirtieth Day of June, the Thirtieth Day of 
 September, and the Thirty-first Day of December,) by the Medical Officer of or for 
 the Parish or Union or District of a Parish or Union in which such Lunatic is 
 resident ; and such Medical Officer shall be paid the Sum of Two Shillings and 
 Sixpence for each such quarterly Visit to any Pauper not being in a Workhouse, 
 which Sum shall be paid by the same Persons, and be charged to the same 
 Account as the Relief of such Pauper ; and within Seven Days after the End of 
 every such Quarter such Medical Officer shall prepare and sign a List according to 
 the Form in the Schedule (E. ) to this Act of all such Lunatics, and shall state 
 therein whether in the Opinion of such Medical Officer all or any of such 
 Lunatics are or are not properly taken care of, and may or may not properly 
 remain out of an Asylum, and such Medical Officer shall within the Time 
 aforesaid deliver or send such List to the Clerk to the Guardians of such 
 Palish or Union, or if such Parish be not under a Board of Guardians to One 
 of the Overseers thereof; and the Forms for such Lists shall be from Time to 
 Time furnished to the Medical Officer of every Parish under a Board of Guardians, 
 and to the Medical Officers of every Union, by the Guardians of such Parish 
 or Union ; but nothing in this Enactment shall be taken or construed to relieve 
 any Medical Officer from any Obligation by this Act imposed upon him to give 
 Notice to a Relieving Officer or Overseer where it appears to such Medical Officer 
 that any Pauper Lunatic ought to be sent to an Asylum ; and such Clerk or Over- 
 seer receiving any such List as aforesaid shall, within Three Days after the Receipt 
 thereof, transmit the same to the Commissioners in Lunacy, and a Copy thereof to 
 the Clerk to the V isitors of the Asylum for the County or Borough in which the 
 Parish or Union for which he is Clerk or Overseer is situate ; and every such 
 Medical Officer, Clerk, or Overseer failing to comply with this Enactment shall for 
 every such Offence forfeit any Sum not exceeding Twenty Pounds nor under Two 
 Pounds. 
 
 Provision for sending Pauper Lunatics to Asylums. 
 
 LXVII. Every Medical Officer of a Parish or Union who shall have Knowledge 
 that any Pauper resident in such Pariah, or in any Parish within the District
 
 APPENDIX. 24-I) 
 
 of such Medical Officer, is or is deemed to be a Lunatic, and a proper Person to be 
 sent to an As\luni, shall vvitliin Three Days after obtainiiijj such Knowledge give 
 Notice thereof in Writing to a Relieving Officer of such Parish, or if there is no 
 Relieving Officer then to One of the Overseers of such Parish, and every Relieving 
 Officer of any Parish within a Union or under a Board of Guardians, and every 
 Overseer of a Parish of which there is no Relieving Officer, who shall have Know- 
 ledge, either by such Notice or otherwise, that any Pauper resident in such Parish 
 is oris deemed to be a Lunatic, and a proper Person to be sent to an Asylum, 
 shall within Three Days alter obtaining such Knowledge give Notice thereof to 
 some Justice of the County or Lorougli within which such Parish is situate; and 
 thereupon the said Justice shall, by an Order under his Hand and Seal, require 
 such Relieving Officer or Overseer to bring such Pauper before him, or some other 
 Justice of the said County or Borough, at such Time and Place -vithin Three Days 
 from the Time of such Notice being given to such Justice as shall lie appointed by 
 the said Order ; and the said Justice before whom such Pauper shall be brought 
 shall call to his Assistance a Physician, Surgeon, or Apothecary, and examine such 
 Person; and if such Physician, Surgeon, or Apothecary shall sign a Certificate 
 ■with respect to such Pauper, according to the Form in Schedule (F.) No. 3. to 
 this Act annexed, and such Justice be satisfied, upon View or personal Examina- 
 tion of such Pauper or other Proof, that such Pauper is a Lunatic, and a proper 
 Person to be taken charge of and detained under Care and Treatment, he shall, by 
 an Order under his Hand accordii.g to the Form in the said Schedule (F.) No. ]. to 
 tills Act annexed, direct such Pauper to be received into such Asylum as herein-after 
 mentioned, or, where herein-after authorized in this Behalf, into some Hospital 
 registered or some House duly licensed for the Reception of Lunatics ; and such 
 Relieving Officer or Overseer shall immediately convey or cause the said Lunatic 
 to be conveyed to such Asylum, Hosintal, or House, and such Lunatic shall be 
 received and detained therein : Provided always, that it shall be lawful for any 
 Justice, upon Notice being given to him as aforesaid, or upon his own Knowledge, 
 without any such Notice as aforesaid, to examine any Pauper deemed to be lunatic 
 at his own Abode or elsewhere, and to proceed in all respects as if such Pauper were 
 brought before him in punsuance of an Order for that Purpose ; provided also, that 
 in case any Pauper deemtd to be lunatic cannot, on account of his Health or other 
 Cause, be convenientlj' taken before any Justice, such Pauper may be examined at 
 Ids own Abode or elsewhere by an Officiating Clergyman of the Parish in which he 
 is resident, together with a Relieving Officer, orif there be no Relieving Officer an 
 Overseer of such Parish, and such Officiating Clergyman, together with such 
 Relieving Officer or Overseer, shall call to their Assistance a Physician, Surgeon, 
 or Apothecary ; and if such Physician, Surgeon, or Apothecary shall sign a Certi- 
 ficate with respect to such Pauper according to the said Form in the said Schedule 
 (F.) No. 3., and if upon View or Examination of such Pauper such Officiating 
 Clergyman and such Relieving Officer or Overseer be satisfied that such Pauper is 
 a Lunatic, and a proper Person to be taken charge of and detained under Care 
 and Treatment, such Officiating Clergyman, together with such Overseer or Reliev- 
 ing Officer, shall, by an Order under their Hands according to the said Form in 
 tiie said Schedule (F.) No. L, direct such Pauper to be received into such Asylum as 
 herein-after nientioned, or, where herein-after authorized in this P.ehalf, into some 
 such registered Hospital or licensed House as aforesaid, and such Relieving Officer 
 or Overseer shall immediately convey, or cause such Pauper to be conveyed to such 
 Asylum, Hospital, or House, and such Pauper shall be received and iletained 
 therein ; provided also, that if the Physician, Surgeon, or Apothecary by whom 
 any such Pauper shall be examined shall certify in Writing that he is not in a fit 
 State to be removed, his Removal shall be suspended uniil the same or scmie 
 other Physician, Surgeon, or Apothecary shall certify in Writing that he is fit 
 to be removed ; and every such Physician, Surgeon, and Apothecary is required 
 to give such last-mentioned Certificate as soon as in his Judgment it ought 
 to be given ; provided also, that where a Certificate in the Form in the said 
 Schedule (F.) No. 3. is signed by the Medical Officer of the Parish or I'uion in 
 which the Pauper named therein is resident, as well as by some other Person being 
 ii Physician, Surgeon, or Apothecary called to the Assistance of the Justice or
 
 250 APPENDIX. 
 
 Clergyman and Overseer or Relieving Officer, as herein-before mentioned, such 
 joint Certificate, or sucli Two Certificates, (as the Case may be,) shall be received 
 by the Justice or Clergyman and Overseer or Relieving Officer by whom such 
 Person is examined as herein-before mentioned as conclusive Evidence that the 
 Person named therein is a Lunatic, and a proper Person to be taken charge of 
 and detained under Care and Treatment, and he or they shall make an Order in the 
 Form in the said Schedule (F.) No. 1. accordingly. 
 
 Provision as to Lunatics wandering at large, not being 'properly tahen care of, or 
 being cruelly treated, <i:c. 
 LXVIII. Every Constable of any Parish or Place, and every Relieving Officer 
 and Overseer of any Parish, who shall have Knowledge that any Person wandering 
 at large within such Parish or Place (whether or not such Person be a Pauper) is 
 deemed t;<) be a Lunatic, shall immediately apprehend and take or cause such 
 Person to be apprehended and taken before a Justice ; and it shall also be lawful 
 for any Justice, upon its being made to appear to him by the Information upon 
 Oath of any Person whomsoever that any Person wandering at large within the 
 Limits of his Jurisdiction is deemed to be a Lunatic, by an Order under the Hand 
 and Seal of such Justice, to require any Constable of the Parish or Place, or 
 Relieving Officer or Overseer of the Parish where such Person may be found, to 
 apjjrehend hini and bring him before such Justice, or some other Justice having 
 Jurisdiction where such Person may be found ; and every Constable of any Parish 
 or Place, and every Relieving Officer and Overseer of any Parish, who shall have 
 Knowledge that ai:y Person in such Parish or Place not a Pauper and not wander- 
 ing at large as aforesaid is deemed to be a Lunatic, and is not under proper Care 
 and Control, or is cruelly treated or neglected by any Relative or other Person 
 liaving the Care or Charge of him, shall, within Three Days after obtaining such 
 Knowledge, give Information thereof upon Oath to a Justice, and in case it be 
 made to appear to any Justice, upon such Information or upon the Information 
 upon Oath of any Person whomsoever, that any Person within the Limits of his 
 Jurisdiction not a Pauper, and not wandering at large, is deemed to be a Lunatic, 
 and is not under proper Care and Control, oris cruedy treated or neglected by any 
 Relative or other Person having the Care or Charge of him, such Justice shall, 
 either himself visit and examine such Person and make Inquiry into tlie Matters 
 so appearing upon such Information, or by an Order under his Hand and Seal 
 direct and authorize some Physician, Surgeon, or Apothecary to visit and examine 
 such Person, and make such Inquiry, and to report in Writing to such Justice his 
 Opinion thereupon ; and in case upon such personal "Visit, Examination, and 
 Inquiry by such Justice, or upon the Report of such Physician, Surgeon, or Apothe- 
 cary, it appear to such Justice that such Person is a Lunatic, and is not under 
 proper ( 'are and Control, or is cruelly treated or neglected by any Relative or other 
 Person having the Care or Charge of him, it shall be lawful for such Justice, by an 
 Order under his Hand and Seal, to require any Constable of the Parish or Place, or 
 any Relieving Officer or Overseer of the Parish, where such Person is alleged to be, 
 to bring him before any two Justices of the same County or Borough ; and the 
 Justice or Justices (as the Case may be) before whom any such Person as aforesaid 
 in the respective Cases aforesaid is brought, under this Enactment, shall call to his 
 or their Assistance a Physician, Surgeon, or ^Apothecary, and shall examine such 
 Person, and make such Inquiry relative to such Person as he or they shall deem 
 necessary ; and if upon Examination of such Person or other Proof such Justice be 
 satisfied that such Person so brought before him is a Lunatic, and was wandering 
 at large, and is a proper Person to be taken charge of and detained under Care 
 and Treatment, or such Two Justices be satisfied that such Person so brought 
 before them is a Lunatic, and is not under proper Care and Control, or is cruelly 
 treated or neglected by any Person having the Care or Charge of him, and that he 
 is a proper Person to Ije taken Charge of and detained under Care and Treatment, 
 andif such Physician, Surgeon, or Apothecary sign a Certificate with respect to 
 every such Person so brought either before One Justice or Two Justices according 
 to the Form in the Schedule (F.) No. 3. to this Act, it shall be lawful for the said 
 Justice or Justices, by an Order under his or their Hand and Seal or Hands and
 
 APPENDIX, 251 
 
 (Seals, according to the Form in the Schedule (F.) No. 1. to thiR Act, to direct 
 such Pei'son to be received into such Asylum as herein-after mentioned, or, where 
 herein-after authorized in this Behalf, into some Hospital re;;i3tered or House 
 licensed for the llecei»t:on of Lunatics, and the said Constable. Relieving Officer, or 
 Overseer who may have brought such Person before the said Justice or Justices, 
 or any Cimstable whom such Justice or Justices may require so to do, shall 
 forthwith convey such Person to such Asylum, Hospital, or House accordingly : 
 Provided always, that it shall be lawful for any Justice upon such Informa- 
 tion on Oath as aforesaid, or upon his own Knowledge, and alone, in the Case of 
 any such Person as aforesaid wandering at large and deemed to be a Lunatic, or with 
 some other Justice, in any other of the Cases aforesaid, to examine the Person 
 deemed to be a Lunatic, at his own Abode or elsewhere, and to jiroceed in all 
 respects as if such Person were brouglit before him or them as hereiu-before 
 mentioned ; provided aiso, that it shall be lawful for the said Justice or Justices to 
 suspend the Execution of any such Order for removing any such Person as aforesaid 
 to any Asylum, Hospital, or House for such Period not exceeding Fourteen Days 
 as he or they may deem meet, and in the meantime to give such Directions or make 
 such Arrangements for the proper Care and Control of such Person as he or they 
 shall consider necessary ; provided also, that if the Physician, Surgeon, or Apothe- 
 cary by whom such Person is examined certify in Writing that he is not in a tit 
 State to be removed, the Removal of such Person shall be suspended until the same 
 or some other Physician, Surgeon, or Apotliecary certify in Writing that such 
 Person is fit to be removed ; and every sucli Physician, Surgeon, and Apothecary is 
 hereby required to give such last-mentioned Certificate as soon as in his Judgment 
 it ought to be given ; provided also, tliat nothing herein contained shall be construed 
 to extend to restrain or prevent any Relation or Friend from retaining or taking 
 such Lunatic under his own Care, if such Relation or Friend shall satisfy the 
 Justice or Justices before whom such Lunatic shall be brought, or the Visitore of 
 the Asylum in which such Lunatic is or is intended to be placed, that such Lunatic 
 will be properly taken care of. 
 
 Power to Jmtices to order Payment of a Fee to any Physician, ttc. called in 
 to examine any Person. 
 
 LXIX. It shall be lawful for any Justice or Justices causing any Person to be 
 examined by any Physician, Surgeon, or Apothecary, under the Provisions herein- 
 before contained, if he or they think fit so to do, to make an Order under his or 
 their Hand and Seal or Hands and Seals upon the Guardians of the Union or 
 Parish or the Overseers of the Parish to which such Person is chargeable, under 
 the Provisions herein contained, for the Payment of such reasonable Remuneration 
 to any such Physician, Surgeon, or Apothecary, for the Examination of such 
 Person, and of all other reasonable Expenses in or about the Examination of such 
 Person, and tiie bringing him liefore such Justice or Justices, and in case he be 
 ordered to be conveyed to any Asylum, registered Hospital, or licensed House, of 
 conveying him thereto, as to such Justice or Justices may seem proper. 
 
 Penalties on Medical Officers. Overseers, dr., omitting to rjive Notice as aforesaid. 
 
 LXX. If any Medical Officer of any Parish or Union omit for more than Three 
 
 Days after obtaining Knowledge of any Pauper resident in such Parish, or in any 
 
 Parish within his District, being or being deemed to be lunatic, and a proper 
 
 Person to be sent to an Asylum, to give such Notice thereof as is herein- before 
 
 required, or if any Relieving Officer of any Parish, or any Overseer of any Parish 
 
 of which there is no Relieving Officer, omit for more tlian Three Days after ob- 
 
 Q taining Knowledge of any Pauper resident in such I'arish, being deemed to be a 
 
 < Lunatic, and a proper Person to be sent to an Asylum, to give Notice thereof to a 
 
 ^ Justice as herein-before required, or if any Constable, Relieving Officer, or Over- 
 
 I seer omit to apprehend and take before a Justice, as herein-before required, any 
 
 ~ Person wandering at large and deemed to be a Lunatic, or omit for Three Days 
 
 after obtaining Knowledge that any Person deemed to be a Lunatic (not a Paujier 
 
 h 
 
 I and not wandering at large) is not under proper Care and Coutrol, or is cruelly
 
 252 APPENDIX. 
 
 treated or neglected by any Person having the Care or Charge of him, to give 
 Information thereof to a Justice as herein-before required, such Medical Officer, 
 Relieving Officer, Overseer, or Constable, as the Case may be, shall for every Buch 
 Offence forfeit any Sum not exceeding Ten Pounds. 
 
 Penalty on Relievinrj Officers, Overseers, and Constables, delaying to 
 execute Orders, 
 
 LXXI. If any Eelieving Officer, Overseer, or Constable by this Act required 
 to convey any Person to any Asylum, registered Hospital, or licensed House, in 
 pursuance of any Order under this Act, refuse or wilfully neglect to execute such 
 Order with all reasonable Expedition, he shall for every such Offence forfeit any 
 Sum not exceeding Ten Pounds. 
 
 Orders of Justices, dx. may extend to authorize Reception into Hospitals or licensed 
 Houses, hut Lunatics to be always sent to Asylum, if Circumstances permit, 
 
 LXXII. Every such Order by a Justice or Justices, or by a Clergyman and 
 Overseer or Ile'ieving Officer as afbres;dd, for the Reception of a Lunatic into an 
 Asylum, may authorize his Admission, not only into any Lunatic Asylum of the 
 County or Borough in which the Parish or Place from which the Lunatic is sent is 
 situate, but also into any other Asylum for the Reception of Pauper Lunatics of such 
 County or Borough, and also into any Asylum for any other County or Borough, 
 or any Hospital registered or House licensed for the Reception of Lunatics ; but 
 every Lunatic shall under every such Order be sent to an Asylum of the County 
 or Borough in v.hich the Parish or Place from which he is sent is situate, unless 
 there be no such Asylum, or there be a Deficiency of Room, or unless thee be 
 some special Circumstances by reason whereof such Lunatic cannot conveniently 
 be taken to such Asylum, which Deficiency of Room or special Circumstances 
 shall be stated in the Order for the Reception of such Lunatic into any Asylum 
 other than such Asylum as aforesaid, or into any registered Hospital or licensed 
 House ; and no Lunatic shall be sent ,to any registered Hospital or House licensed 
 for the Reception of Lunatics, by virtue of such Order, except there be no such 
 Asylum, or no such Asylum in which he can be received, or there be some S|)ecial 
 Circumstances by reason whereof he cannot be taken thereto, which shall be stated 
 in like Manner as aforesaid. 
 
 No Pauper to be received into any Asylum without a certain Order and Certificate, 
 
 LXXIII. No Pauper shall be received into any Asylum, registered Hospital, 
 or licensed House (save under the Provisions herein contained with respect to 
 Removal of Lunatics) without an Order according to the Form required in the 
 said Schedule (F.) No. 1., under the Hands of One Justice, or under the Hands of 
 an Officiating Clergyman, and of One of the Overseers or the Relieving Officer of 
 the Parish or Union from which such Pauper is sent as aforesaid, together with 
 such Statement of Particulars as is contained in the same Schedule, nor without a 
 Meoical Certificate according to the Form in the said Schedule (F.) No. 3., signed 
 by (.ne Physician, Surgeon, or Apothecary, who shall have personally examined 
 him not more than Seven clear Days previously to his Reception ; and every 
 Persi n wlio receives any Pauper into any Asylum without such Order and 
 Me' ical Certificate (save under any of the said Provisions) shall be guilty of a 
 Misdemeanor. 
 
 No Person to he received into an Asylum, except under the Provisions of this Act, 
 without an Order and Two Medical Certificates. 
 
 LXXIV. No Person, not a Pauper, shall be received into any Asylum (save 
 nnder the Provisions herein contained) without an Order under the Hand of some 
 Person according to the Form in Schedule (F.) No. 2. to this Act annexed, together 
 with such Statement of Particulars as is contained in the same Schedule, nor with- 
 out the Medical Certificate, according to the Form and containing the Particulars 
 r. (juired in Schedule (F.) No. 3. annexed to this Act, of Two Persons, each of 
 whom shall be a Physician, Surgeon, or Apothecary, and shall not be in Partner-
 
 APPENDIX. 253 
 
 ship with or an Asflistant to the other, and each of whom sliall separately from 
 the other have personally examined the Person to whom it relates, not more than 
 Seven clear Days previously to the Reception of sucii Person into such Asylum, 
 and such Order as aforesaid may be signed before or after the Medical Certificates 
 or either of tliein ; and every Person who receives any Person, not a Pauper, into 
 any Asylum, save under tlio Provisions herein contained, without such Oi-der and 
 Medical Certificates as aforesaid, shall be guilty of a Misdemeanor : Provided 
 always, nevertheless, that any Person may, under special Circumstances prevent- 
 ing the Examination of such Person by Two Medical Practitioners as aforesaid, be 
 received into any Asylum upon the Certificate of One Physici;in, Surgeon, or Apo- 
 thecary alone, provided that the Statement accompanying such Order set forth the 
 special Circumstances which prevent tlie Examination of such Person by Two 
 Medical Practitioners ; but in every such Case Two other such Certificates shall, 
 within Three clear Days after the keception of such Patient into such Asylum, 
 be signed by Two other Persons, each of whom shall be a Pliysician, Surgeon, or 
 Apothecary, not in Partnership with or an Assistant to the otli r, or the Physician, 
 Surgeon, or Apothecary who signed the Certificate on which the Patient was 
 received, and shall within such Time, and se[)arateiy frjm the other of them, have 
 personally examined the Person so received as a Lunatic ; and any Person who, 
 iiaving received any I'erson into any Asylum as aforesaid upon the Certificate of 
 One Medical Practitioner alone as aforesaid, shall keep or permit such Person to 
 remain in such Asylum beyond the said Period of Three clear Days, without such 
 further Certificates as aforesaid, shall be guilty of a Misdemeanor. 
 
 Medical Certificate to specif ;/ Facts upon which Opinion of Inmnity has beenformed. 
 LXXV. Every Physician, Surgeon, and Apothecary signuig any Certificate 
 under or for the Purposes of this Act, shall specify therein the Facts upon which 
 he has formed his Opinion that the Person to whom such Certificate relates is a 
 Lunatic, an Idiot, or a Person of unsound Mind, distinguishing in such Certificate 
 Facts observed by himself from Facts communicated to him by others ; and no 
 Person shall be received into any Asylum under any Certificate which purports to 
 be founded only upon Facts communicated by others. 
 
 Who not to sign Certificate for Reception of a Patient. 
 
 LXXVL No Physician, Surgeon, or Apothecary who, or whose Father, 
 Brother, Son, Partner, or Assistant, shall sign the Order for the Reception of a 
 Patient, shall sign any Certificate for the Keception of the same Patient, and no 
 Patient shall l)e received into any Asylum upon or under any Certificate signed by 
 any Medical Officer of such Asylum. 
 
 Power to Two Visitors of any Asylum, being Justices, to order Removal of Pauper 
 Lunatics to or from such Asylum. 
 
 LXXVII. It shall be lawful for any Two of the Visitors of any Asylum, being 
 Justices, by an Order in Writing under their Hands and Seals, to order any 
 Pauper Lunatic chargeable to any Parish or Union within the County or Borough 
 or any County or Borough to which such Asylum wholly or in part belongs, or to 
 such County, and who may be confined in any other Asylum, or in any registered 
 Hospital or licensed House, to be removed to such first-mentioned Asylum ; and 
 it shall be lawful for any Two of tlie Visitors of any Asylum, being Justices, in 
 manner aforesaid to order anj' Pauper Lunatic to be removed from s\!ch Asylum to 
 some other Asylum, or to some registered Hospital or licensed House ; but no 
 such Lunatic shall be removed as last aforesaid without the Consent in Writin,' of 
 Two of the Commissioners in Lunacy, except to an Asylum within or belonging 
 wholly or in part to the County within which the Asylum from which the Lunatic 
 is removed is situate, or the County in some Parish of which the Lunatic may have 
 been adjudged to be settled, or a registered Hospital or licensed House within any 
 such County as aforesaid, or an Asylum, registered Hospital, or licensed House into 
 which the Lunatic can be received under a subsisting Contract for the Reception of 
 Lunatics therein ; and it shall be lawful for the Justices making any such Order
 
 254 APPENDIX. 
 
 in and by the same to direct or require any Overseer or Eelievinw or other Officer 
 of the Parish, Union, or County to which such Lunatic is chargeable, or to authorize 
 any other Person to execute the same ; and every such Order and Consent shall 
 be made and given respectively in Duplicate, and One Duplicate shall be delivered 
 to and left with the ISupeiintendent or Proprietor of the Asylum, Hospital, or 
 licensed House from which the Patient is removed, and the other shall be delivered 
 to and left with the Supeiintendent or Proprietor of the Asylum, Hospital, or 
 licensed House to which the Patient is removed, and such Order, with such Con- 
 sent in Writing (where such Consent is required) shall be a sufficient Authority for 
 the Removal of such Patient, and also for his Reception into the Asylum, Hospi- 
 tal, or licensed House to which he is ordered to be removed : Provided always, 
 that no Person shall be removed under any such Order without a Medical Certi- 
 ficate, signed by the Medical Officer of the Asylum, or the Medical Practitioner, or 
 One of the Medical Practitioners, keeping, residing in, or visiting the Hospital or 
 licensed House from which such Person is ordered to be removed, certifying that 
 he is in a fit Condition of bodily Health to be removed in pursuance of such Order; 
 and the Superintendent or Proprietor of such Asylum, Hospital, or licensed House 
 shall, at the Time of delivering the Person ordered to be removed to the Overseer, 
 Officer, or Person having the Execution of the Order for Removal, deliver to such 
 Overseer or Officer, free of any Charge for the same, the Certificate of such Medi- 
 cal Officer, and also a Copy (certified under the Hand of such Superintendent or 
 Proprietor to be a true Copy) of the Order and Certificate under which such Person 
 was received into and detained in such Asylum, Hospital, or licensed House, and 
 the said Certificate and certified Copies, with One Duplicate of the Order for Re- 
 moval, shall be delivered by such Overseer, Officer, or Person to the Superintendent 
 or Proprietor of the Asylum, Hospital, or licensed House to which such Person is 
 ordered to be removed, or any other Officer of such Asylum, Hospital, or licensed 
 House into whose Care such Person is delivered. 
 
 Pauper Lunatics not to he received into any other than the County or Borough 
 Asylum without Endorsement of Order by a Visitor, and Orders not compulsory 
 on Hospitals or licensed Houses. 
 
 LXXVITI. Provided always, that no Lunatic being a Pauper shall be received 
 under any Order made by virtue of this Act into any Asylum, other than an 
 Asylum belonging wholly or in part to the County or Borough in which the Parish 
 or Place from which such Lunatic is sent, or the Parish in which he is adjudged to 
 be settled, is situate, except there be a subsisting Contract for the Reception of 
 Lunatics of such County or Borough therein, or such Borough otherwise contributes 
 to such Asylum, unless such Order be endorsed by a Visitor of such Asylum : and 
 it shall not be compulsory on the Superintendent of any registered Hospital or 
 the Proprietor of any licensed House to receive any Lunatic under any such Order, 
 except in pursuance of any subsisting Contract. 
 
 Discharge of Lunatics from Asylums. 
 
 LXXIX. It shall be lawful for any Three of the Visitors of any Asylum, by 
 Writing under their Hands and Seals, to order the Discharge of any Person 
 detained in such Asylum, whether such Person be recovered or not, and also for 
 any Two of such Visitors, with the Advice in Writing of the Medical Officer of 
 such Asylum, to discharge any Person detained therein, or to permit any such 
 Person to be absent from the Asylum upon Trial for such Period as such Visitors 
 think fit; and it shall be lawful for such Visitors to make such Allowance to such 
 last-mentioni^d Person, not exceeding what would be the Charge for such Person 
 i in the Asylum, which Allowance, and no greater Sum, shall be charged for him 
 iind be payable as if he were actually in the Asylum ; and in case any Person so 
 allowed to be absent on Trial for any Period do not return at the Expiration of such 
 Period, and a Medical Certificate as to his State of Mind, certifying that his De- 
 tention in an Asvlum is no longer necessary, be not sent ;o the Visitors, he may, 
 at any Time witliin Fourteen Days after the Expiration of sucli Period, be retaken, 
 as herein provided in the Case of an Escape.
 
 APPENDIX. 255 
 
 Overseers and Jielievinf/ Officers to remove Lunatics upon Notice of Discharge, and 
 to be liable to a Penalty for Refusal or wiljul Xiylect. 
 
 LXXX. "When the Visitors of any Asylum shall order a Pauper Lunatic con- 
 fined therein to be discharged therefrom, it sliali be lawful for them, wiien they 
 shall see Occasion, to seuii Notice in Wiitiny, signed by their Clerk, through the 
 Post or otljerv\ise, of their Intention to discharge such Lunatic, to the Overseers of 
 the Parish wherein it shall have been adjudged that such Lunatic is settled, or, if 
 no such Ailjudication shall have been made, to the Overseers of the Parish from 
 which such Lunatic shall have been sent to such Asylum, unless such Lunatic 
 shall be chargeable to the Common Fund of any Union, and in any such last- 
 mentioned Case to some One Relieving Officer of such Union ; and upon Receipt 
 of such Notice the Overseers or Relieving Officers respectively shall cause such 
 Lunatic, upon his Discharge, to be forthwith removed to their Parish, or to the 
 Worlihouse of ihe Union at the Cost and Charge of their Parish orof the Common 
 Fund of the Union, as the Case shall require ; and any Overseer or Relieving 
 Officer who shall refuse or wilfully neglect to remove such Lunatic from the said 
 Asylum within the Space of Seven Days after such Notice shall have been sent to 
 him shall l»e guilty of an Offence against this Act, and shall forfeit for such Offence 
 any Sum not exceeding Ten Pounds, to be recovered as other Penalties imposed by 
 this Act are recoverable. 
 
 Visitors may discharge a Lunatic on the Undertaking of a Relative or Friend that 
 he shall no longer be chargeable, and shall be taken care of. 
 
 LXXXI. Where Application is made to the Committee of Visitors of any Asy- 
 lum by any Relative or Friend of a Pauper Lunatic confined therein, requiring 
 that lie may be delivered over to the Custody and Care of such Rehitive or Friend, 
 it shall be lawful for any Two of the Visitors aforesaid, if they think fit, and upon 
 the Undertaking in Writing of such Relative or Friend to the Satisfaction of such 
 Visitors that such Lunatic shall be no longer chargeable to any Union, Parish, or 
 County, and sliall be properly taken care of, and shall be prevented from doinr' 
 Injury to himself or others, to discharge such Lunatic. 
 
 Commissioners in Lunacy may order Removal of Lunatics. 
 
 LXXXII. It shall be lawful for the Commissioners in Lunacy, or any Two 
 of them, by Writing under their Hands and Seals, to order and direct the Removal 
 of any Lunatic from any Asylum, registered Hosjiital, or licensed House to any 
 other Asylum, registered Hospital, or licensed House ; and every such Order shall 
 be made in Duplicate, and One Duplicate shall be delivered to and left with the 
 Superintendent or Proprietor of the Asylum, Hospital, or licensed House from 
 which the Patient is removed, and the other shall be delivered to and left with the 
 Superintendent or Proprietor of tlie Asylum, FJospital, or licensed House to which 
 the Patient is removed, and such Order shall be a sufficient Authority for the 
 Removal of such Patient, anil also for his Reception into the Asylum, Hospital, or 
 licensed House to which he is ordered to be removed. 
 
 The Person who signed the Order for the Reception of a private Patient may order 
 his Discharge or Removal. 
 
 LXXXIII. If and when any Person w^ho signed the Order on which any 
 Patient (not being a Pauper) was received into any Asylum (whether or not such 
 Patient have since been removed under any Order made under this Act or other- 
 wise to any other Asylum) shall by Writing untler his Hand ilirect that such 
 Patient be discharged or removed, then and in such Case such Patient shall forth- 
 with be discharged or removed as the Person who signed the Order for his Reception 
 may direct. 
 
 Provision where the Person who signed the Order for Reception is dead or 
 incapable of acting. 
 
 LXXXIV. If the Person who signed the Order on which any Patient (not 
 being a Pauper) was received into any Asylum be dead, or be incapable, by reason
 
 256 APPENDIX. 
 
 of Insanity, Absence from England, or otherwise, of g^iving an Order for the 
 Discharge or Removal of such Patient, then the Person who made the fast Pay- 
 ment on account of such Patient, or the Husband or Wife, or (if there be no 
 Husband, or the Husl)and or Wife be incapable as aforesaid,) the Father, or 
 (if there be no Father, or he be incapable as aforesaid,) the Mother of such Patient, 
 or if there be no Mother, or she be incapable as aforesaid, then any One of the 
 nearest of Kin for the Time being of such Patient, may, by Writing under his or 
 her Hand, give such Direction as aforesaid for the Discharge or Removal of such 
 Patient, and thereupon such Patient shall be forthwith discharged or removed 
 accordingly. 
 
 Patient not to he discharged where certified to he dangerous, without Visitors' 
 Consent. Not to prevent Transfer under Control of an A ttendant. 
 
 LXXXV. Provided always, That no Patient shall be discharged under either 
 of the Two last foregoing Provisions of the Medical Officer of the Asylum in which 
 such Patient is certified in Writing under his Hand that in the Opinion of such 
 Medical Officer such Patient is dangerous and unfit to be at large, together with 
 the Grounds on which such Opinion is founded, unless Two of the Visitors of such 
 Asylum, being Justices, shall, after such Certificate shall have been produced to 
 them, give their Consent in Writing to such Patient being so discharged ; provided 
 that nothing in this Enactment shall prevent the Transfer of any Patient so 
 ceitified to be dangerous and unfit to be at large from any Asylum to any other 
 Asylum, or to any registered Hospital or licensed House, but in such Case the 
 Patient shall be placed under the Control of an Attendant belonging to the Asylum, 
 Hospital, or House from or to which he is about to be removed for the Purpose of 
 such Removal, and shall remain under such Control until such Time as the 
 Removal has been duly effected. 
 
 Provision authorizing Transfer of private and single Patients. 
 
 LXXXVI. Any Person, having Authority to order the Discharge of any 
 Patient (not being a Pauper) from any Asylum, registered Hospital, or licensed 
 House, or of any single Patient, may, with the previous Consent in Writing of 
 Two of the Commissioners, direct, by an Order in Writing under his Hand, the 
 Removal of such Patient to any Asylum, registered Hospital, or licensed House, 
 or to the Care or Charge of any Person mentioned or named in such Order ; and 
 every such Order and Consent shall be made and given respectively in DupHcate, 
 and One of the Duplicates shall be delivered to and left with the Superintendent or 
 Proprietor of the Asylum, Hospital, or House from which or the Person from 
 whose Care or Charge the Patient is ordered to be removed, and the other 
 Duplicate shall be delivered to and left with the Superintendent or Proprietor of 
 the Asylun), Hospital, or House into which or the Person into whose Care or Charge 
 the Patient is ordered to be removed ; and such Order for Removal, together with 
 such Consent in Writinrr, shall be a sufficient Authority for the Removal of such 
 Patient, and also for his Reception into the Asylum, registered Hospital, or 
 licensed House into which or by the Peison into whose Care or Charge he is 
 ordered to be removed : Provided always, that a Copy of the Order and Certificates 
 upon which such Patient was received into the Asylum, Hospital, or House from 
 which he is removed, or as a single Patient, by the Person from whose Care he is 
 removed, certified under the Hand of the Superintendent or Proprietor of such 
 Asylum, Hosfital, or House, or of such Person as last aforesaid, to be a true Copy, 
 shall be furnished by liim free of Expense, and shall be delivered, with One 
 Duplicate of the said Order of Removal and Consent, to the Superintendent or 
 Proprietor of the Asylum, Hospital, or House to which, or to the Person to whose 
 Care or Charge, such Patient is removed. 
 
 Orders and Medical Certificates may he amended. 
 
 LXXXVII. If after the Reception of any Lunatic into any Asylum it appear 
 that tiie Order or the Medical Certificate, or (if more than One) both or either of
 
 APPENDIX. 257 
 
 the Medical Certificate, upon which he was received, is or are in any respect 
 incon-ect or defective, such Order and Medical L'eitiKcate or Certificates may be 
 amended by tlie Person or Persons signing the same at any Time within Fourteen 
 Days next after the Reception of sucli Lunatic ; provided nevertheless, that no 
 such Amendment shall have any Force or Effect unless the same shall receive the 
 Sanction of One or more of the Commissioners in Lunacy. 
 
 Persons received into A sylums, <tc. may be detained till Removal or Discharge, and 
 in case of Escape may he retaken within Fourteen Days. 
 
 liXXXVIII. Every Person received into any Asylum, registered Hospital, or 
 licensed House under such Order as is required by tliis Act, accompanied by the 
 requisite Medical Certificate, may be detained therein until he be removed or dis- 
 charged as authorized by this Act, and in case of Escape may, by virtue of such 
 Order and Certificate or Certificates, be retaken at any Time within Fourteen Days 
 after his Escape by the Superintendent or Proprietor of such Asylum, Hospital, or 
 House, or &x\y Officer or Servant,belonging thereto, or any other Person authorized 
 in Writing in this Behalf by such Superintendent or Proprietor, and conveyed to 
 and received and detained in such Asylum, Hospital, or House. 
 
 Every Cleric receiving a Lunatic into an Asylum to make an Entry thereof, and to 
 transmit a Copy of the Order and Certificate of Medical Officer of the Asylum to 
 Commissioners in Lunacy. 
 
 LXXXIX. The Clerk of every Asylum shall, immediately on the Admis- 
 sion of any Person as a Lunatic into such Asylum, make an Etitry with respect to 
 such Lunatic in a Book to be kept for that Purpose, to be called " The Register of 
 Patients," according to the Form, and containing the Particulars specified in the 
 Schedule (G.) No. 1. to this Act, except as to the Form of Disorders, the Entry 
 as to which is to be supplied by the Medical Officer of the Asylum within One 
 Month after the Admission of the Patient, and after the Second and before the 
 End of the Seventh clear Day from the Day of the Admission of any Peison as a 
 Lunatic into any Asylum shall transmit to the Commissioners in Lunacy a Copy 
 of the Order and Statement and Certificate or Certificates on which such Lunatic 
 has been so received, together with a Statement, to be made and signed by the 
 Medical Officer of the Asylum, not sooner than Two clear Days after such Admis- 
 sion, according to the Form in the said Schedule (F. ) No. 4. to this Act annexed; 
 and any Clerk omitting so to make such Entry, or to transmit such Copy and 
 Statement within the Time aforesaid, and every Medical Officer omitting to make 
 or sign such Statement, shall for every such Off"ence forfeit any Sum not exceed- 
 ing Twenty Pounds. 
 
 Weekly Journal and Case Book to be kept in every Asylum. 
 
 XC. In every Asylum the Medical Officer thereof shall once in every 
 Week enter in a Book to be kept for that Purpose, to be called "The Medical 
 Journal," a Statement according to the Form in the said Schedule (G.) No. 3., 
 showing the Number of Patients of each Sex then in such Asylum, the Christian 
 Name and Surname of every Patient who is orhas been under Restraint or in Seclusion 
 since the last Entry, and when and for what Period and Reasons, and in case of 
 Restraint by what Means, and the Christian Name and Surname of everj' Patient 
 under Medical Treatment, and for what, if any, bodily Disorder, and every Death, 
 Injury, and Violence which shall have happened to or affected any Patient since 
 the then last preceding Entry, and shall also enter into a Book to he called " The 
 Case Book," as soon as may be after the Admisssion of any Patient, the mental 
 State and bodily Condition of every Patient at the Time of his Admission, and 
 also the History from Time to Time of his Case whilst he shall continue in the 
 Asylum ; and such Books shall from Time to Time be legularly laid before the 
 Visitors for their Inspection and Signature, and every Medical Officer omitting to 
 make such Entries, or any of them, shall for every such Offence forfeit any Sum 
 not exceeding Twenty Pounds. 
 
 S
 
 258 APPENDIX. 
 
 Copies of Entnes made iy Commissioners visiting Asylums to be sent to the 
 Office of Commissioners. 
 
 XCI. The Clerk of every Asylum shall, within Three Days after every Visit 
 to such Asylum of 'IVo or more of the Commissioners in Lunacy, transmit to the 
 Office, of such Commissioners a true and perfect Copy of any Entries of any 
 Remarks or Observations made by such Visiting Commissioners in any of the 
 Books of such Asylum, and everj' such Clerk o-mitting to transmit as aforesaid any 
 such Copy shall for every such Offence forfeit any Sum not exceeding Ten 
 Pounds. 
 
 In case of the Death of a Lunatic the Cause of Death to be stated, and sent to the 
 Registrar of Deaths, the Commissioners in Lunacy, and Relieving Officer or 
 Overseers. 
 XCII. In case of the Death of any Patient in any Asylum a Notice and 
 Statement according to the Form in Schedule (F.) No. 5. of the Death and Cause 
 of the Death of such Patient, and the Name of any Person or Persons who was or 
 were present at the Death, shall be drawn up and signed by the Clerk and Medical 
 Officer of such Asylum, and a Copy thereof shall be by the Clerk transmitted to the 
 Registrar of Deaths for the District and to the Connnissioners in Lunacy within 
 Forty-eight Hours of the Death of such Patient, and also to the Relieving Officer 
 or the Overseers of the Union or Parish to which such Lunatic (if a Pauper) was 
 chargeable, and if not a Pauper to the Person who shall have signed the Order for 
 the Admission of the Lunatic, or who made the last Payment on account of such 
 Lunatic ; and every Clerk or Medical Officer who neglects or omits to draw up, 
 sign, or transmit such Notice or Statement as aforesaid, within the Time aforesaid, 
 shall respectively forfeit and pay any Sum not exceeding Twenty Pounds. 
 
 Entries to be made of Deaths, Discharges, and Removals, and Notice given to the 
 Commissi.oners in case of the Discharge, Removal, Escape, and Recapture of 
 every Lunatic. 
 
 XCIII. The Clerk of every Asylum shall, within Three clear Days after the 
 Death, Discharge, or Removal of any Patient, make an Entry thereof in the said 
 Register of Patients, and also in a Book to be kept for that Purpose according to 
 the Form and containing the Particulars in the Schedule (G.) No. 2. to this Act, 
 and shall also, within Three clear Days after the Discharge, Removal, Escape, or 
 Recapture of any Patient, transmit a written Notice of such Discharge or Removal, 
 according to the Form in the said Schedule (F.) No. 5., or of such Escape or Re- 
 capture, to the Commissioners in Lunacy ; and every such Clerk who neglects or 
 omits to make such Entry as aforesaid, or transmit such Notice as aforesaid within 
 tiie Time aforesaid, shall forfeit and pay any Sum not exceeding Ten Pounds ; and 
 every such Clerk who shall knowingly and wilfully in such Entry untrul}' set 
 forth any of the Particulars required shall be guilty of a Misdemeanor. 
 
 As TO Expense of Maintenance and Removal, &c. of Paupeb and 
 OTHER Lunatics. 
 
 //ow Justices are to proceed where it appears to them that the Lunatic has Property 
 applicable to his Maintenance. 
 
 XCI V. Where any Lunatic shall be sent to an Asylum, registered Hospital, or 
 licenced House, under any Order made by virtue of the Authority herein- before 
 given to Two Justices, if it appear to sucli Justices that such Lunatic hath an Es- 
 tate applicable to his Maintenance, and more than sufficient to maintain his Family 
 (if any), it shall be lawful for such Justices to make an Application in Writing 
 under their Hands and Seals to the nearest known Relative or Friend of such 
 Lunatic, for the Payment of the Charges of the Examination, Removal, Lodging, 
 Maintenance, Clothing, Medicine, and Care of such Lunatic ; and in case such 
 Charges be not paid within One Month after such Application, it shall be lawful 
 for the same or any other Justices, by an Order under their Hands and Seals, to
 
 APPENDIX. 250 
 
 direct a Relieving Officer or Overseer of the Parish from which such Lunatic shall 
 be sent, or where any Property of such Lunatic shall he, to seize so much of the 
 Money, and to seize and sell so much of the Goods and Chattels, and take and 
 receive so much of the Rents and Profits of the I^ands and Tenements of such 
 Lunatic, and of any other Income of such Lunatic, as may be necessary to pay the 
 Charges of the Examination, Removal, Lodging, Maintenance, Clothing, Medicme, 
 and (Jare of such Lunatic, accounting for the same to the same or any other 
 Justices, such Charges having been first proved to the Satisfaction of tlie said 
 Justices, and the Amount set forth in such Order ; ami if any Trustee or other 
 Person iiaving the Possession, Custody or Charge of any Property of such Lunatic, 
 or if the Governor and Company of the Bank of England, or any other Body or 
 Person having in their or his Hands any Stock, Interest, Dividend, or Annuity 
 belonging or due to such Lunatic, pay the whole or any Part thereof to any Overseer 
 or Relieving Officer, to defray the Charges set forth in such Order the Receipt of such 
 Overseer or Relieving Officer shall be a good Discharge to such Trustee, Governor, 
 and Com|)any, or other Body or Person as aforesaid: Provided always, tliat, notwith- 
 standing it may appear to the said Justices that such Lunatic hath such Estate as 
 aforesaid it sliall bo lawful for such Justices, in the meantime and until sucli Charges 
 as aforesaid shall be paid, in pursuance of such Application or Order as aforesaid 
 to make an Order on the Guardians of the Union or Parish, or the Overseers 
 of the Parish, from which such Lunatic shall be sent for Confinement, for Payment 
 of the Charges of the Removal, Lodging, Maintenance, Clothing, Medicine, and 
 Care of such Lunatic ; and such Guardians or Overseers shall be reiiidiursed such 
 Charges under any Order to be made as aforesaid for Payment of such Charges, 
 out of the Property of the Lunatic, unless the same be sooner repaid by some 
 Relative or Friend of such Lunatic in pursuance of such Application as aforesaid. 
 
 Every Pauper Lunatic to be chargeable to the Parish from which he is se7it till 
 otherwise adjudged. 
 
 XCV. When any Pauper Lunatic is confined under the Provisions of this Act 
 he shall, for the Purposes of this Act, be chargeable to the Parish from which, or 
 at the Instance of some Officer or Officiating Clergyman of which, he has been 
 sent, unless and until such Parish shall have established, under the Provisions 
 herein contained, that such Lunatic is settled in some other Parish, or that it can- 
 not be ascertained in what Parish such Lunatic is settled ; and every Pauper Luna- 
 tic who is chargeable to any Parish shall, whilst he resides in an Asylum, registered 
 Hospital, or licensed House, be deemed for the Purposes of his Settlement to be 
 residing in the Parish to which he is chargeable. 
 
 Justices to make an Order upon the Officers of Unions and Parishes for 
 Maintenance of Lunatics. 
 
 XCVI. It shall be lawful for the Justice by whom any Pauper Limatic is sent 
 to an Asylum, registered Hospital, or licensed House under the Powers of this Act, 
 or for any Two Justices of the County or Borough in which the Asylum, registered 
 Hospital, or licensed House in which any Pauper Lunatic is confined is situate, or 
 from any Part of which any Pauper Lunatic has been sent, or for any Two Justices 
 being Visitors of such AsyKim or licensed House, to make an Order upon the 
 Guardians of the Union or Parish or the Overseers of the Parish (if not in a Union 
 or under a Board of Guardians) from which, or at the Instance of any Officer or 
 Officiating Clergyman of which, such Lunatic is or has been sent for Confinement, 
 for Payment to the Treasurer, Officer, or Proprietor of the Asylum, re^'istered Hos- 
 pital, or licensed House of the reasonable Charges of the Lodging, Maintenance, 
 Medicine, Clothing, and Care of such Lunatic in such Asylum, Hospital, or 
 House, and any such Order may be retrospective or prospective, or partly retrospec- 
 tive and partly prospective ; and the Guardians or Overseers on whom such Order 
 shall be made shall from Time to Time pay to the said Treasurer, Officer, or Pro- 
 prietor the Charges aforesaid. 
 
 s2
 
 260 APPENDIX. 
 
 Two Jmtices may inquire into and adjudge the Settlement of a Lunatic, and 
 order Payment of Maintenance, &c. accordingly. 
 
 XCVIT. It shall be lawful for any Two Justices for the County or Borough in 
 which any Asylum, registered Hospital, or licensed House in which any Pauper 
 Lunatic is or has l)een confined is situate, or to which such Asyluna, wholly or in 
 part belongs, or from any Part of which any Pauper Lunatic is or has been sent 
 for Confinement, at any Time to inquire into the last legal Settlement of such 
 Pauper Lunatic, and if satisfactory Evidence can be obtained as to such Settle- 
 ment in any Parish, such Justices shall, by Order under their Hands and Seals, 
 adjudge such Settlement accordingly, and order the Guardians of the Union to 
 which the Parish in wLicli such Lunatic is adjudged to be settled belongs, or of such 
 Parish in case such Parish be in a Union or be under a Board of Guardians, and 
 if not, then the Overseers of such Parish, to pay to the Guardians of any Union or 
 Parish, or the Overseers of any Parish, all Expenses incurred by or on behalf of 
 such Union or Parish in or about the ExaLiination of such Lunatic, and the fringing 
 him before a Justice or Justices, and his Conveyance to the Asylum, Hcispital, or 
 House, and of all Monies paid by such last-mentioned Guardians or Overseers to 
 the Treasurer, Officer, or Proprietor of the Asylum, Hospital, or House, for the 
 Lodging, Maintenance, Medicine, Clothing, and Care of such Lunatic, and 
 incurred within Twelve Calendar Months previous to the Date of such Order, and, 
 if such Lunatic is still in Confinement, also to pay to the Treasurer, Officer, or Pro- 
 prietor of the Asylum, Hospital, or House the reasonable Charges of the future 
 Lodging, Maintenance, Medicine, Clothing, and Care of such Lunatic ; and the 
 Guardians or Overseers on whom any such Order is made shall immediately pay to 
 the Guardians or Overseers to whom the same are ordered to be paid the Amount 
 of the Expenses and Monies by such Order directed to be paid to them, and from 
 Time to Time pay to the said Treasurer, Officer, or Proprietor of the Asylum, 
 Hospital, or House the future Charges aforesaid. 
 
 If Settlement cannot he ascertained, a Pauper Lunatic may be made chargeable 
 to the County. 
 
 XCVIII. If any Pauper Lunatic be not settled in the Parish by which, or at 
 the Instance of some Officer or Officiating Clergyman of which, he is sent to any 
 Asylum, registered Hospital, or licensed House, and it cannot be ascertained in 
 what Parish such Pauper Lunatic is settled, and if a Relieving Officer of such first- 
 mentioned Parish, or of the Union in wliich the same is situate, or the Overseers 
 of such first-mentioned Parish, shall give Ten Days' Notice to the Clerk of the 
 Peace of the County in which such Lunatic was found to appear for such County 
 before Two Justices thereof, at a Time and Place to be appointed in such Notice, 
 it i-hall be lawful for such Two Justices, or any Two or more Justices of such 
 County, upon the Appearance of such Clerk of the Peace, or any one on his Behalf, 
 or, in case of his Non-appearance, upon Proof of his having been served with such 
 Notice, to inquire into the Circumstances of the Case, and to adjudge such Pauper 
 Lunatic to be chargeable to such County, and to order the Treasurer of such 
 County to pay to the Guardians of any Union or Parish or the Overseers of any 
 Patish all Expenses incurred by or on behalf of such Union or Parish in or about 
 the Examination of such Lunatic, and the bringing him before a Justice or Justices, 
 and his Conveyance to the Asylum, Hospital, or House, and all Monies paii' by 
 Hucli Guardians or Overseers to the Treasurer, Officer, or Proprietor of the Asylum, 
 Hospital, or House, for the Lodging, Maintenance, Medicine, Clothing, and Care 
 of such Lunatic, and incurred within Twelve Calendar Months previous to the 
 Date of such Order, and (if such Lunatic is still in Confinement) also to pay to the 
 Treasurer, Officer, or Proprietor of the Asylum, Hospital, or House the reasonable 
 Charges of the future Lodging, Maintenance, Medicine, Clothing, and Care of 
 such Lunatic ; and every such Treasurer of a County on whom any such Order 
 is made shall, out of any Monies which may come into his Hands by 
 virtue of his Office, immediately pay to such Guardians or Overseers the Amount 
 of the Expenses and Monies by such Order directed to be paid to them, and from 
 Time to Time pay to the said Treasurer, Officer, or Proprietor of the Asylum,
 
 APPENDIX, 261 
 
 Hospital, or House, the future Charges aforesaid : ProviJed always, that such 
 Justices may direct such Inquiry to be made to ascertain the Parish in which any 
 Pauper Lunatic is settled as they think fit, and delay adjudging such Pauper 
 Lunatic to be chargeable to any County until such further Inquiry has been made : 
 Provided also, that every County to which any Pauper Lunatic is adjudged to be 
 chargeable as aforesaid may at any Time thereafter inquire as to the Parish in 
 which such Lunatic is settled, and may procure such Lunatic to be adjudged to be 
 settled in any Parish. 
 
 Provision for the Reimhorsement to a County of Monies paid on account of 
 a Lunatic afterwards adjudrjed to belong to any Parish. 
 
 XCIX. If, after any Pauper Lunatic has been sent to an Asylum, registered 
 Hospital, or licensed House as aforesaid, and has been a<Ijudged to be chargeable to 
 a County, such County procure such Lunatic to be adjudged to be settled in any 
 Parish, it shall be lawful for any Two Justices of the County or Borough in whicii 
 the Asylum, registered Hospital, or licensed House in which such Lunatic is con- 
 fined is situate, or from any Part of which such Lunatic was sent for Confinement, 
 or for any Two Justices being Visitors of such Asylum or licensed House, to make 
 an Order upon the Guaidians of the Union to which such Parish belongs, or of any 
 such Parish, if such Parish bd in a Union or be under a Board of Guardians, or if 
 not, then upon the Overseers of such Parish, for Payment to the Treasurer of the 
 said County of all Expenses and Monies paid by such Treasurer as herein-before 
 is provided, and of all Monies jjaid by such Treasurer to the Treasurer, Officer, 
 or Proprietor of the Asylum, Hospital, or House, for the Lodging, Maintenauce, 
 Medicine, Clothing, and Care of such Lunatic, and incurred within Twelve 
 Calendar Months previous to such Order, and (if such Lunatic is still in Confine- 
 ment) and also lor Payment to the Treasurer or Officer or Pro[)rietor of the 
 Asylum, Hospital, or House of the reasonable Charges of the future Lodging, 
 Maintenance, Medicine, Clothing, and Care of such Lunatic ; and such Guardians 
 or Overseers shall immediately pay to the Treasurer of such County the Amount 
 of the Expenses and Monies by such Order directed to be paid to him, and from 
 Time lo Time pay to the said Treasurer, Officer, or Proprietor of the Asylum, 
 Hospital, or House the future Charges aforesaid. 
 
 Justices to make Orders out of their respective Jurisdictions. 
 
 0. It shall be lawful for any Justices herein-before authorized to make any 
 such Order as aforesaid upon the Guardians of any Union or Parish, or upun the 
 Overseers of any Parish, to make such Order upon such Guardians or Overseers, 
 although such Union or Parish be not within the Jurisdiction of such Justices. 
 
 Order for Payment of Charges of Maintenance in Asylums, ttc. to extend to any 
 Asylum, iLc. to which the Lunatic may be removed. 
 
 CI. Where any Order has been made for the Payment of the future Charges of 
 the Lodging, Maintenance, Medicine, Clothing, and Care of any Lunatic in any 
 Asylum, registered Hospital, or licensed House, such Order shall extend to and be 
 applicable in respect of the Charges of the Lodging, Maintenance, Medicine, 
 Clothing, and Care of such Lunatic in any Asylum, registered Hospital, or licensed 
 House to which he may be removed under the Powers of this or any other Act, in 
 like Manner as if such Charges had by such Order been directed to be paid to the 
 Treasurer or an Officer or the Proprietor of the Asylum, registered Hospital, or 
 licensed House in which such Lunatic may for the Time being be confined. 
 
 The Costs of Pauper Lunatics who are irremovable to be borne by the Parish wherein 
 they were exempt from Jiemoval or by the Common Fund in Unions. Section 5. 
 of 12 <fc 13 Vict. c. 103. repealed. 
 
 CII. Provided always, That all the Expenses incurred since the Twenty-ninth 
 Day of September Une thousand eight hundred and fifty-three, or hereafter to be
 
 262 APPENDIX. 
 
 mcarred, in and about the Examination, bringing before a Justice or Justices, 
 Kemoval, Lo(l>;ing, Maintenance, Medicine, Clothing, and Care of a Pauper 
 Lunatic heretofore or hereafter removed to an Asylum, registered Hospital, or 
 licensed House under tlie Authority of this or any other Act, who would, at the 
 Time of his being conveyed to such Asylum, Hospital, or House, have been exempt 
 from Removal to the Parish of bis Settlement or the Country of his Birth by reason 
 of some Provision in the Act of the Session holden in the Ninth and Tenth Years 
 of Her Majesty, Chapter Sixty-six, shall be paid by the Guardians of the Parish 
 wherein such Lunatic shall have acquired such Exemption if such Parish be subject 
 to a separate Board of Guardians, or by the Overseers of such Parish where the 
 same is not subject to sucli separate Board, and where such Parish shall be com- 
 prised in any Union the same shall be paid by the Guardians, and be charged to 
 the Common Fund of such Union so long as the Cust of the Rehef of Paupers 
 rendered irremovable by the last- mentioned Act shall continue to be chargeable 
 upon the Common Funds of Unions ; and no Order shall be made under any 
 Provision contained in this or any other Act upon the Parish of the Settlement in 
 respect of any such Lunatic Pauper during the Time that the above-mentioned 
 Charges are to be paid and charged as herein provided ; and Section Five of the 
 Act of the Session holden in the Twelfth and Thirteenth Years of Her Majesty, 
 Chapter One hundred and three, shall be repealed. 
 
 Guardians and Overseers may pay Charges without Orders of Justices. 
 
 CIII. Provided also. That any Guardians or Overseers who would be liable 
 under any Provision contained in this Act to have an Order made upon them for 
 the Payment of any Money may pay the same without any such Order being 
 made, and may charge the same to such Account as they could have done if such 
 Order had been made. 
 
 Lunatic's Property to he available for his Maintenance. 
 
 CIV. If it appear to any Justice or Justices by this Act authorized to make 
 any Order for the Payment of Money for the Maintenance of any Lunatic that 
 such Lunatic has an Estate, Real or Personal, applicable to his Maintenance, and 
 more than sufficient to maintain his Family, if any, he or they shall, by an Order 
 under his or tlieir Hand and Seal or Hands and Seals, direct the Overseers of the 
 Parish, or a Relieving Officer of the Parish or Union, or the Treasurer or some 
 other Officer of the County to which such Lunatic is chargeable, or in which any 
 Property of the Lunntic may be, or an Officer of the Asylum in which the Lunatic 
 may be, to seize so much of any Money, and to seize and sell so much of the Goods 
 and Chattels, and to take and receive so much of the Rents and Prf)fits of the 
 Lands and Tenements of such Lunatic and other Income of such Lunatic as may 
 be necessary to pay the Charges of the Examination, brimming before a Justice or 
 Justices, Removal, Lodging, Maintenance, Clothing, Medicine, and Care of such 
 Lunatic, accounting for the same to such Justice or Justices, such Charges having 
 heen first ])roveil to the Satisf;iction of such Justice or Justices, and the Amount set 
 forth in such Order ; and if any 'J'rustee or other Person having the Possession, 
 Custody, or Charge of any Property of such Lunatic, or if the Governor and Com- 
 pany of the Bank of England, or any other Body or Person having in their or his 
 Hands any Stock, Interest, Dividend, or Annuity belonging or due to such Lunatic, 
 pay any Money according to any such Order, or pay any Money without any 
 such Order, to the Guardians of any Union or Parish, or to any Overseer of any 
 Parish not in a Union or under a Board of Guardians, or to the Treasurer of any 
 County, or any other Officer of any County authorized to receive the same, to 
 defray the Charges paid or incurred by or on behalf of such Parish, Union, or 
 County for the Examination, bringing before a Justice or Justices, Removal, 
 Lodging, Maintenance, Clothing, Medicine, and Care of such Lunatic, the 
 Receipt of the Person authorized to receive such Money under such Order, or of 
 such Guardians, Overseer, or Treasurer, or other Officer, shall be a good Discharge 
 to such Trustee, Governor, and Company, or other Body or Person as aforesaid.
 
 APPENDIX. 263 
 
 Liahllity of Relations of Pauper not to be affected. 
 
 CV. The Liability of auy Relation or Person to maintain any Lunatic shall 
 not be taken away or affected where such Lunatic is sent to or coiiRried in any 
 Asylum, registered Hospital, or licensed House by any Provision herein contained 
 concerning the Maintenance of such Lunatic, 
 
 Persons aggrieved by Refusal of an Order may appeal to the Sessions. 
 
 CVI. If any Person feel aggrieved by any Refusal of an Order of any Justice 
 or Justices as aforesaid, such Person may appeal to the next General or Quarter 
 Sessions of the Peace for the County or Borough where the Matter of Appeal has 
 arisen, the Person so appealing having given to the Justice or Justices against 
 whom such Ajipeal is made Fourteen clear Days' Notice of such Appeal, and such 
 Sessions are hereby autliorized and required to hear and determine the Matter 
 of such Appeal in a summary Way, and their Determination shall be final and 
 conclusive. 
 
 Party obtaining Order of Adjudication to send Copy thereof and Statement of 
 Grounds to the Parish or Comity affected. 
 
 CVII. The Overseers of any Parish, and the Guardians of any Union or 
 Parish, and the Clerk of the Peace of any County obtaining any Order under tliis 
 Act adju.lging the Settlement of any Lunatic to be in any Parish, shall, within a 
 reasonable Time after such Order has been made, send or deliver, by Post or 
 otherwise, to the Overseers or Guardians of the Parish in which such Lunatic is 
 adjudged to be settled, a Copy or Duplicate of such Order, and also a Statement 
 in Writing under their or his Hands or Hand, or where they are the Guardians of 
 a Union or Parish under the Hands of any Three or more of such Guardians, 
 staling the Description and Address of the Overseers, Guardians, or Clerk of the 
 Peace obtaining such Order, and the Place of Confinement of the Lunatic, and 
 setting forth the Grounds of such Adjudication, including the Particulars of any 
 Settlement or Settlements relied upon in support thereof ; and on the Hearing of 
 any Appeal against any such Order it shall not be lawful for the Respondents to 
 go into or give Evidence of any other Grounds in support of such Order than 
 those set forth in such Statement. 
 
 Appeal against Order of Adjudication. 
 
 CVIIL If the Guardians of any Union or Parish, or the Overseers of any 
 Parish, feel aggrieved by auy such Order as aforesaid adjudging the Settlement 
 of any Lunatic, they or he may appeal against the same to the next General 
 Quarter Sessions of the Peace for the County in behalf of which such Order has 
 been obtained, or in which the Union or Parish obtaining such Order is situate, or 
 in case such Parish or Union extend into several Juris actions, then to the next 
 General Quarter Sessions of the Peace for the County or liorough in w-hich the 
 Asylum, ivgistered Hospital, or licensed House in which such Lunatic is or has 
 been confined is situate, and such Sessions upon hearing the said Appeal shall 
 have full Power finally to determine the Matter. 
 
 Copy of Depositions to be furnished on Application. 
 
 CIX. Tlie Clerk to the Justices making any Order adjudging the Settlement 
 of any Lunatic, or the Clerk of the Peace in the Case herein-after provided for, 
 shall keep the Depositions upon which such Order was made, and shall within 
 Seven Days furnish a Copy of such Depositions to any Party authorized to appeal 
 against such Order, if such Party apply for such Copy, and pay for the same at 
 the Kate of Twopence for every Folio of Seventy-two Words ; provided that no 
 Omission or Delay in furnishing such Copy of Uie Depositions shall be deemed or 
 construed to be any Ground of Appeal against the Order : Provided also, that on 
 the Trial of any Appeal against any such Order, no such Order shall be quashed or 
 set aside either wholly or in part on the Ground that such Depositions do not
 
 264 APPENDIX. 
 
 furnish sufficient Evidence to support, or that any Matter therein contained or 
 o:iiitted raises an Objection to the Order, or Grounds on which the same was 
 made : Provided also, that if the Justices who make any such Order have not 
 any Clerk, tliey shall send or deliver the Depositions to the Clerk of the Peace of 
 the County or Borough to the General Quarter Sessions whereof the Appeal 
 against such Order is given by this Act, and the Party obtaining such Order shall, 
 in such Statement of Grounds of Adjudication as aforesaid, state that such 
 Justices have not any Clerk. 
 
 No Appeal if Notice not given within a certain Time after Notice of Order. 
 
 ex. No Appeal shall be allowed against any such Order if Notice in Writing 
 of such Appeal be not sent or delivered by Post or otherwise to the Party on 
 whose Application the Order was obtained within the Space of Twenty-one Days 
 after the sending or Delivery, as herein-before directed, of a Copy or Duplicate of 
 such Order and such Statement as herein-before mentioned, unless within such 
 Period of Twenty-one Days a Copy of the Depositions shall have been applied for 
 as aforesaid liy the Party intending to appeal, in which Case a further Period of 
 Fourteen Days after the sending of such Copy shall be allowed for the giving of 
 such Notice of Appeal. 
 
 Grounds of Appeal to be stated. 
 
 CXI. In every Case where Notice of Appeal against such Order is given the 
 x\ppellant shall, with such Notice, or Fourteen Days at least before the First Day 
 of the Sessions at which such Appeal is intended to be tried, send or deliver by 
 Post or otherwise to the Respondent a Statement in Writing under their or his 
 Hands or Hand, or where the Appellants are the Guardians of any Union or 
 Parish, under the Hands of any Three or more of such Guardians, of the Grounds 
 of such Appeal ; and it shall not be lawful for the Appellant on the Hearing of any 
 Appeal to go into or give Evidence of any other Grounds of Appeal than those set 
 forth in such Statement. 
 
 As to the Sufficiency of Statement of Grounds of Adjudication or Appeal. 
 Power to amend Statement. 
 
 CXII. Upon the Hearing of any Appeal against any such Order no Objection 
 whatever on account of any Defect in the Form of setting forth any Ground of 
 Adjudication or Appeal in an}' such Statement shall be allowed, and no Objection 
 to tlie Keception of legal Evidence offered in support of any such Ground alleged 
 to be set fortli in any such Statement shall prevail unless the Court be of opinion 
 that such alleged Ground is so imperfectly or incorrectly set forth as to be insufficient 
 to enable the Party receiving the same to inquire into the Subject of such Statement, 
 and to prepare for Trial : Piovided always, that in all Cases where the Court is of 
 opinion that any such Objection to such .Statement or to the Reception of Evidence 
 ought to prevail, it shall be lawful for such Court, if it so think fit, to cause any 
 such Statement to be forthwith amended by some Officer of the Court, or otherwise, 
 on such Terms as to Payment of Costs to the other Party, or postponing the Trial 
 to another day in the same Sessions, or to the next subsequent Sessions, or both 
 Payment of Costs and Postponement, as to such Court appears just and 
 reasonable. 
 
 Power for Court to amend Order on account of Omission or Mistahe. Proviso. 
 
 CXIII. If, upon the Trial of any Appeal against any such Order or upon the 
 Return to a Writ of Certiorari, any Objection be made on account of any 
 Omission or Mistake in the drawing up of such Order, and it be shown to the 
 Satisfaction of the Court that sufficient Grounds were in proof before the Justices 
 making such Order to have authorized the drawing up thereof free from the said 
 Omission or Mistake, it shall be lawful for the Court, upon such Terms as to Pay- 
 ment of Costs as it think fit, to amend such Order and to give Judgment as if no 
 such Omission or Mistake had existed : Provided always, that no Objection on
 
 APPENDIX. 2 60 
 
 account of any Omission or Mistake in any such Order brought up upon a Return 
 to a Writ of Certiorari shall be allowed, unless such Omission or Mistake have been 
 specified in the Rule lor issuing such Writ of Certiorari. 
 
 Party making frivolous or vexatious Statement of Qrounds liable to pay Costs. 
 
 CXIV. If either of the Parties to the said Appeal shall have included in the 
 Statement of Grounds of Adjudication or of Appeal sent to the opposite Party any 
 Ground or Grounds in support of the Order or of Appeal which in the Opinion of 
 tlie Court determining the Appeal, is or are frivolous and vexatious, such Party 
 shall be liable, at the Discretion of the said Court, to pay the whole or any Part 
 of the Costs incurred by the other Party in disputing any such Ground or 
 Grounds. 
 
 Party losing Appeal to pay such Costs as Court may direct. 
 
 CXV. Upon every such Appeal the Court before whom the same is brought 
 shall and may, if they think fit, order and direct the Party against which the same 
 is decided to pay to the other such Costs and Charges as may to such Court appear 
 just and reasonable, and shall certify the Amount thereof. 
 
 Decisions of Courts upon hearing Appeals to he final. 
 
 CXVI. The Decision of the Court upon the Hearing of any Appeal against 
 any such Order, as well upon the tSufSciency and Effect of the Statement of tlie 
 Grounds in support of the Order and Appeal, and of the Copy or Duplicate of 
 the Order sent to the Appellant Parish or County, as upon the amending or 
 refusing to amend the Order as aforesaid, or the Statement of Grounds, shall be 
 final, and shall not be liable to be reviewed in any Court by means of a Writ of 
 Certiorari or Mandamus or otherwise. 
 
 Abandonment of Orders. 
 
 CXVII. In any Case in which an Order has been made as aforesaid, and a 
 Copy or Duplicate thereof sent as herein required, it shall and may be lawful fir 
 the Party who has obtained such Order, whether any Notice of Appeal against 
 such Order has or has not been given, and whether any Appeal has or has not 
 been entered, to abandon such Order, by Notice in Writing under the Hand or 
 Hands of such Party, oi-, where such Order has been obtained by the Guardians of 
 any Union, under the Hands of any Three or more of such Guardians, to be sent 
 by Post or delivered to the Appellant or the Party entitled to appeal, and there- 
 upon the said Order and all Proceedings consequent thereon shall become and be 
 null and void to all Intents and Purposes as if the same had not been made, and 
 shad not be in any way given in Evidence, in case any other Order for the same 
 Purposes shall be obtained : Provided always, that in all Cases of such Abandon- 
 ment the Party so abandoning shall pay to the Appellant or the Party entitled to 
 Appeal the Costs which he has incurred by reason of such Order and of all 
 subsequent Proceedings thereon ; which Costs tlie proper Officer of the Court 
 before whom any such Appeal (if it had not been abandoned) might have been 
 brought shall, upon Application, tax ami ascertain at any Time, whether the Court 
 be sitting or not, upon Production to him of such Notice of Abandonment, and 
 upon Proof to him that such Reasonable Notice of Taxation, together with a Copy 
 of the Bill of Costs, has been given to the Overseers, Guardians, or Clerk of the 
 Peace abandoning such Order, as the Distance between the Parties shall in his 
 Judgment require ; and thereupon the Sum allowed for Costs, including the usual 
 Costs of Taxation, which such Officer is hereby empowered to charge and receive, 
 shall be endorsed upon the said Notice of Abandonment, and the said Notice so 
 endorsed shall be filed among the Records of the said Court. 
 
 Provisions of this Act as to Expenses to extend to Pauper Lunatics sent to 
 Asylums under any other Act, Ac. 
 CXVIII. The Provisions of this Act for and concerning the Payment of Ex- 
 penses incurred or to be incurred in relation to Pauper Lunatics shall be applicable
 
 266 APPENDIX. 
 
 with respect to Persons confined as Pauper Lunatics sent to any Asylum, regis- 
 tered Hospital, or licensed House under any other Act authorizing their Reception 
 therein as Pauper Lunatics, and (save as herein otherwise provided concerning any 
 Lunatic who shall appear to have an Estate, Real or Personal, applicable to his 
 Maintenance) with respect to all other Lunatics sent to any Asylum, registered 
 Hospital, or licensed House under any Order of a Justice or Justices made under 
 this Act, or the Acts hereby repealed, or any of tijem, as if such last-mentioned 
 Lunatics were at the Time of being so sent actually chargeable to the Parish from 
 which they have been or shall be sent. 
 
 In Cases of Inquiries and Appeals Guardians and Officers interested to 
 have Access to the Lunatic. 
 
 CXIX. In every Case of an Inquiry, Investigation, Dispute, or Appeal as to 
 the Parish in which a Pauper Lunatic is settled, the Guardians, Clerks of the 
 Guardians, Relieving Officers, and Overseers of every Union including any Parish, 
 or of any Parish, which Parish respectively is interested in such Inquiry, Inves- 
 tigation, Dispute, or Appeal, and every Person duly authorized by them respec- 
 tively, and the Clerk of the Peace of any County interested in such Inquiry, 
 Investigation, Dispute, or Appeal, and every Person duly authorized by such 
 Clerk of the Peace, shall at all reasonable Times be allowed free Access, in the 
 Presence of the Medical Attendant, to the Lunatic, to examine him as to the 
 Premises. 
 
 Expenses of the Burial, Removal, or Discharge of a Pauper. 
 
 CXX. On the Death, Discharge, or Removal of any Pauper from any Asylum, 
 registered Hospital, or licensed House, the necessary Expenses attending the 
 Burial, Discharge, or Removal of such Pauper shall be borne by the Union or 
 Parish (if any) to which such Pauper is chargeable, as herein-before provided, or if 
 such Pauper be chargeable to a County as herein-before provided, then by such 
 County, and shall be paid by the Guardians of such Union or Parish, or by the 
 Overseers of such Parish if not in a Union or under a Board of Guardians, or by 
 the Treasurer of such County. 
 
 Money ordered to he paid by any Clerk, Overseer, Relieving Oficer, or Treasurer 
 to be levied (mi case of Neglect to pay) by Distress or Action. 
 
 CXXI. If any Overseer, or any Treasurer of any County, upon whom any 
 Order of Justices for the Payment of Money under the Provisions of this Act or 
 of any Act hereby repealed is made, shall let use or neglect for the Space of Twenty 
 Days next after due Notice of such Order to pay the Money so ordered to be paid, 
 the said Money, together with the Expenses of recovering the same, shall be re- 
 covered by Distress and Sale of the Goods of the Overseer or Treasurer so refusing 
 or neglecting, by Warrant uniler the Hands and Seals of any Two Justices hereby 
 a,uthorized to make the Order for Payment of the Money aforesaid, or by an Action 
 at Law, or by any other Proceeding in any Court of competent Jurisdiction, 
 against such Overseer or Treasurer ; and if the Guardians upon whom any such 
 (Jrder is made refuse or neglect fa- such Time as aforesaid to pay the ]Maney so 
 ordered to be paid, the same, together with the Expenses of recovering the same, 
 may be recovered by an Action at Law or by any other Proceeding in any such 
 Court ; and in case of any such Action or Proceeding no Objection shall be taken 
 lo any Default or Want of Form in any Order of Admission or Maintenance, or in 
 any Certificate or Adjudication under this Act, if such Order or Adjudication 
 shall not have been appealed against, or if appealed against shall have been 
 affirmed. 
 
 MISCELLANEOUS. 
 
 Medical Men signinr/ false Certificates, and. Persons not being Medical Men 
 giving Certificates as such, guilty of Misdemeanor. 
 
 CXXII. Any Physician, Surgeon, or Apothecary who shall sign any Certificate 
 contrary to any of the Provisions herein contained shall for every such Offence
 
 APPENDIX. 2G7 
 
 forfeit any Sum not exceeding Twenty Pounds ; and any Physician, Surgeon, or 
 Apothecary who shall falst-ly state or certify anything in any Certificate under 
 this Act, and any Person who shall sign any Certificate under this Act, in which 
 he shall be described as a Physician, Surgeon, or Apothecary, not lieing a Piiy- 
 sician, Surgeon, or Apothecary respectively within the Meaning of this Act, shall 
 be guilty of a Misdemeanor. 
 
 Penalty on Officers or Servants ill-treating Lunatics. 
 
 CXXIII. If any Superintendent, OflBcer, Nurse, Attendant, Servant, or other 
 Person employed in any Asylum strike, wound, ill-treat, or wilfully neglect any 
 Lunatic confined therein, he shall be guilty of a Misdemeanor, and shall be subjt-ct 
 to Indictment for every such Offence, or to forfeit for every such Offence, on a 
 summary Conviction thereof before Two Justices, any Sum not exceeding Twenty 
 Pounds nor less than Two Pounds. 
 
 Penalty on Officers, <kc. allowing Lunatics to escape or he at large without 
 Permission. 
 
 CXXIV. If any Superintendent, Officer, or Servant in any Asylum shall, 
 through wilful Neglect or Connivance, permit any Patient in any Case to quit or 
 escape from such Asylum, or be at large without such Order as in tliis Act men- 
 tioned (save in the Case of temporary Absence authorized under the Regulations 
 of the Committee of Visitors), or shall secrete, or abet or connive at the Escape of 
 any such Person, he shall for every such Offence forfeit and pay any Sum not 
 more than Twenty Pounds nor less than Two Pounds. 
 
 Visitors may sue and he sued in the Name of their Clerk, whose Removal 
 shall not abate Action. 
 
 CXXV. Every Committee of Visitors may sue and be sued in the Name of 
 their Clerk ; and no Action brought or commenced by or against any such Com- 
 mittee of Visitors in the Name of their Clerk shall abate or be discontinued by the 
 Death or Removal of such Clerk, but the Clerk for the Time being to the Visitors 
 shall always be deemed Plaintiff or Defendant in such Action, as the Case may be. 
 
 Secretary of Commissioners in Lunacy and Clerics to Visitors may prosecute 
 for Offences. 
 
 CXXVI. It shall be lawful for the Secretary of the Commissioners in Lunacy, 
 by their Order, to prosecute or proceed against any Person for any Offence against 
 this .^ict, and for the Clerk to any Committee of Visitors of any Asylum, by their 
 Order, to prosecute or proceed against any Person for any Offence against this Act 
 committed by any Officer or Servant belonging thereto or employed therein ; and 
 such Secretary or Clerk acting as the Prosecutor or Com|ilairiant in any such 
 Prosecution or Proceeding shall be competent to be a Witness therein, in the same 
 Manner as if he were not such Prosecutor or Complainant ; and no such Prosecu- 
 tion or Proceeding shall abate or be discontinued by reason of the Death or 
 Removal of such Secretary or Clerk, but his Successor shall come and be in his 
 Place. 
 
 Penalties to he recovered in manner provided hy 11 cO 12 Vict. c. 43. 
 Application of Penalties. 
 
 CXXVII. All Penalties and Forfeitures imposed by this Act shall and may 
 be recovered summarily before Two Justices in manner provided by the Act of the 
 Twelfth Year of Her Majesty, " to facilitate the Performance of the Duties of 
 Justices of the Peace out of Sessions, within England and ira/fs, with respect to 
 summary Convictions and Orders ;" and such Penalties and Forfeitures, when 
 recovered upon Proceedings taken by the Secretary of the Commissioners, shall be 
 paid to such Secretary, and be applied and accounted for by him in like Manner as
 
 268 APPBINDIX. 
 
 Money received for Licences for the Reception of Lunatics granted by the said 
 Commissioners, and wlien recovered upon Proceedings taken by the Clerk to any 
 Committee of Visitors of any Asylum shall be paid to the Treasurer of such Asylum 
 to be by him applied for the Purposes of such Asylum in such Manner as such 
 Committee ma)' think fit and direct, and in all other Cases shall be paid to the 
 Treasurer of the County or Borough for which the Justices by whom the Person con- 
 victed of such Offence have acted in such Conviction . 
 
 Power of Appeal to the Quarter Sessions. 
 
 CXXVIII. Any Person who thinks himself aggrieved by any Order or Deter- 
 mination of any Justices under this Act, other than Orders adjudicating as to the 
 .Settlement of any Lunatic Pauper, and providing for his Maintenance, may, within 
 Four Calendar Months after such Order or Determination made or given, appeal to 
 the General or Quarter Sessions, the Persons appealing having first given at least 
 Fourteen clear Days' Notice in Writing of such Appeal and the Nature and Matter 
 thereof to the Person appealed against, and forthwith after such Notice entering into 
 a Recognizance before some Justice of the Peace, with Two sufli'jient Sureties, 
 conditioned to try such Appeal, and to abide the Order and Award of the said 
 Court thereupon ; and the said General or Quarter Sessions, ui>on Proof of such 
 Notice and Recognizance having been given and entered into, shall in a summary 
 W ay hear and determine such Appeal, oi-, if they think proper, adjourn the Hear- 
 ing thereof until the next General or Quarter Sessions, and if they see Cause may 
 reduce any Penalty or Forfeiture to not less than One Fourth of the Amout ini« 
 posed by this Act, and may order any Money to be returned which shall have 
 I een levied in pursuance of such Order or Determination, and may also award such 
 further Satisfaction to be made to the Party injured, or such Costs to either of the 
 Parties, as they shall judge reasonable and proper; and all such Determinations of 
 the said General or Quarter Sessions shall be final, binding, and conclusive upon 
 all Parties to all Intents and Purposes whatsoever. 
 
 Council of every Borough to exercise the same Duties, <i:c. of erecting 
 A sylums as are conferred upon Justices, etc. 
 
 CXXIX. The Council of e.very Borough which shall within Six Months after 
 the passing of this Act, by Writing under ttieir Common Seal, give Notice to One 
 of Her Majesty's Principal Secretaries of State of the Intention of such Council to 
 take upon itself the Duties, Powers, and Authorities herein-before imposed or con- 
 ferred upon or given to the Justices of the Borough, shall from and after the 
 giving of such Notice be subject to and have and exercise all the Duties, Powers, 
 and Authorities of and for erecting and providing Asylums and carrying into 
 execution the Purposes of this Act which by this Act are imposed or conferred 
 upon or given to the Justices of such Borough, or upon any Committee of Visitors 
 to be appointed as directed by this Act, and all Liabilities and Contracts incurred 
 or entered into by such Justices or Committee on behalf of such Borough under 
 this Act, or any Act hereby repealed, shall thereupon become transferred to and 
 obligatory upon such C<juncil to the same Extent as they would have been binding 
 or obligatory on such Justices or Committee, and all Matters and Things which in 
 this Act are required to be done at any General or Quarter Sessions, or at any 
 Meeting of the Justices of such Borough, may and shall thenceforth be done at any 
 Meeting of the Council of such Borough, and all Notices which by this Act are 
 required to be given to or by the Clerk of the Peace shall and may thenceforth be 
 given to or by the Town Clerk of such Borough. 
 
 Committee appointed hy Council to have same Powers as Committee of Visitors. 
 
 CXXX. It shall and may be lawful for the Council of any such Borough to 
 confer upon any Committee to be appointed by such Council such of the Powers 
 and Authorities which by this Act are conferred upon any Committee of Visitors 
 to be appointed thereunder, as to such Council shall seem fit.
 
 APPENDIX. -269 
 
 Every Clti/, Town, Liberty, dec. not being a Horow/h within the Meaning of thin 
 Act, to be annexed to and rated as Part of the County within which the same 
 is situate. 
 
 CXXXI. Every City, Town, Liberty, Parish, Place, or District, not being a 
 Borough or Part of a Borouglj within the Meaning of this Act, shall for all the 
 Purposes of this Act be annexed to and be treated and rated as Part of the County 
 within which the same is situate, or if such Cit}', Town, Liberty, Parish, Place, or 
 District be situate partly in One County and partly in another, then to and as Pait 
 of such one of the same Counties as such City, Town, Liberty, Parish, Place, or 
 District may have been annexed to under the said Act of the Eighth and Ninth 
 Years of Her Majesty, hereby repealed, or if not already so annexed, then to and 
 as Part of such one of the same Counties as One of Her Majesty's Principal 
 Secretaries of State shall by Writing under his Hand and Heal direct, and shall 
 contribute rateably to the Expenses of the Asylum of the County to which it is or 
 shall be so annexed, whether such Asylum have been provided before or after the 
 passing of this Act, and shall for the Purposes of this Act be within the Jurisdiction 
 of the Justices of such County ; and in every Case in which any such City, Town, 
 Liberty, Parish, Place, or District as aforesaid is or shall be annexed to a County 
 in which an Asylum has been or shall have been already erected or provided, and 
 such City, Town, Liberty, Parish, Place, or District shall not have contributed 
 as provided by Law towards the Expenses incurred in erecting or providing such 
 Asylum, the present or any future Committee of Visitors of such Asylum shall, 
 as soou as conveniently may be after the passing of this Act, or after such Annexa- 
 tion, fix a Sum to be paid by the City, Town, Liberty, Parish, Place, or District so 
 annexed towards the Expense-i then already incurred in erecting or providing such 
 Asylum, in due Proportion to the Population of such City, Town, Liberty, Parish, 
 Place, or District, and of the County to which it shall be annexed, according to the 
 last Returns under the Authority of Parliament, and the same shall be paid by every 
 such City, Town, Liberty, Parish, Place, or District to the Treasurer of such 
 Asylum, and shall be levied and raised by such City, Town, Liberty, Parish, Place, 
 or District by a Rate to be made therein in the same Manner as any Rate to be 
 made therein for the Purpose of levying or raising any other Monies hereby directed 
 to be levied and raised for the Purfioses of this Act ; and the Justices for the 
 County to which such City, Town, Liberty, Parish, Place, or District is or shall 
 be annexed as aforesaid in General or Quarter Sessions, are hereby authorized and 
 required to make such Rate as aforesaid ; and the Sum so paid by such City, Town, 
 Liberty, Parish, Place, or District shall be applied by the Treasurer of the Asylum 
 to whom the same shall have been paid in such Manner as the Committee of 
 Visitors sliall direct, according to the Provisions and for carrying into execution 
 the Purposes of this Act. 
 
 Interpretation of Terms. 48 G. 3. c. 96. 9 G. 4. c. 40. 
 
 CXXXII. In this Act the Words and Expressions following shall have the 
 several Meanings hereby assigned to them, unless there be something in the Subject 
 or Context repugnant to such Construction ; (that is to say,) 
 
 "County" shall mean every County, Riding, and Division of a County, County 
 of a City, County of a Town, and shall include every City, Town, Parish, 
 Place, or District by this Act annexed to a County for the Purposes hereof : 
 
 '• Borough" shall mean every Borough Town and City Corporate bavino' a 
 Quarter Sessions, Recorder, and Clerk of the Peace : 
 
 " Parish" shall mean any Parish, Township, Vill, Tithing, Extra-parochial 
 Place, or Place maintaining its own Poor : 
 
 "Union" shall mean a Union of Parishes formed under the Act of the Fifth 
 Year of King William the Fourth, intituled An Act for the Amendment and 
 better Administration of the Laws relating to the Relief of the Poor in England 
 and Wales, or under the Act of the Twenty-second Year of King George 
 the Third, intituled An Act for the better Relief and Employment of the Poor, 
 or incorporated or united for the Relief or Maintenauce of the Poor under 
 any Local Act :
 
 270 APPENDIX. 
 
 "Lunatic" shall mean and include every Pei-son of unsound Mind, and every 
 Person being an Idiot : 
 
 " Pauper" shall mean every Person maintained wholly or in part by or charge- 
 able to any Parish, Union, or County : 
 
 •' Justice" shall mean Justice of the Peace : 
 
 " Officiating Clergyman of the Parish" shall include the Chaplain of the Work- 
 house of the same Parish, or of the Workhouse of a Union to which such 
 Parish belongs : 
 
 "Guardians' shall mean Guardians, Governors, Directors, Managers, or acting 
 Guardians, entitled to act in the ordering of Relief to the Poor from Poor 
 Rates : 
 
 " Overseer" shall mean Overseer of the Poor of any Parish, or any Person act- 
 ing as such : 
 
 *' Relieving Officer" and " Clerk of the Guardians" shall respectively mean 
 such Relieving Officer and Clerk of the Guardians, and any Persons acting 
 as such respectively : 
 
 " Clerk of the Peace" shall mean every Clerk of the Peace, and every Person 
 acting as such, or any Deputy duly appointed : 
 
 "Physician," "Surgeon," and "Apothecary" shall respectively mean a Phy- 
 sician, Surgeon, and Apothecary duly authorized or licensed to practise as 
 such by or as a Member of some College, University, Company, or Institu- 
 tion legally established, and qualified to grant such Authority or Licence, 
 in some Part of the United Kingdom, or having been in Practice as an 
 Apothecary in England or Wales on or before the Fifteenth Day of August 
 One thousand eight hundred and fifteen, and being in actual Practice as a 
 Physician, Surgeon, or Apothecary : 
 
 " Treasurer of the Borough" shall mean every Officer who has the Custody of 
 any Monies raised by a Borough Rate : 
 
 "Treasurer of the County" shall mean every Officer who has the Custody of 
 any County Rate, or of any Rate of any City, Town, Parish, Place, or 
 Distiict by this Act annexed to a County for the Purposes hereof : 
 
 "County Rate" shall mean a County Rate and any Funds assessed upon or 
 raised in or belonging to any County in the Nature of County Rates, and 
 applicable to the Purposes to which County Rates are applicable : 
 
 "Borough Rate" shall mean a Borough Fund or Kate, and any Fund assessed 
 upon or raised in or belonging to any Borough in the Nature of Borough 
 Rates, and applicable to the Purposes to which Borough Rates are applic- 
 able : 
 
 "Asylum" shall mean any Asylum, House, Building, or Place already erected 
 or provided under the Provisions of an Act passed in the Forty-eighth Year 
 of King George the Third, Chapter Ninety- six, or an Act of the Ninth 
 Year of King George the Fourth, Chapter Forty, or the said Acts hereby 
 repealed, or any of them, or subject to the Provisions of the said Acts or 
 any of them, or to be erected or provided under the Provisions of this Act. 
 
 Nothing to affect Provisions of 39 & 40 G. 3. c. 94. 1 (fc 2 Vict. c. 14., or 3 <£,- 4 
 Vict. c. 54. as to Criminal Lunatics. 
 
 CXXXIII. Nothing in this Act shall affect the Piovisions of any of the follow- 
 in" Acts ; (that is to say,) an Act of the Session holden in the Thirty-ninth and 
 Fortieth Years of King George the Third, Chai)ter Ninety-four ; an Act of the 
 Session holden in the First and Second Years of Her Majesty, Chapter Fourteen ; 
 and an Act of the Session holden in the Third and Fourth Years of Her Majesty, 
 Chapter Fifty-four ; or any other Provisions relating to Criminal Lunatics. 
 
 Commencement of A ct. 
 
 CXXXIV. This Act shall commence and come into operation on the First 
 Day of Noveraber One thousand eight hundred and Fifty-three.
 
 APPENDIX. 271 
 
 Extent of Act. 
 CXXXV. This Act shall extend only to England and Wales. 
 
 Short Title. 
 CXXXVI. This Act may be cited as " The Lunatic Asylums Act, 1853." 
 
 SCHEDULES referred to by the foregoing Act. 
 
 SCHEDULE (A.) 
 
 Form of Agreement for uniting under the foregoing Act for the Purpose of erect- 
 ing or providing an Asylum for the Reception of Lunatics. 
 
 It is agreed this Day of by and between 
 
 the Committees of Justices of the Peace for the County [or Counties] and the 
 Borougii [or Boroughs] of and the Committee of the Subscribers 
 
 of the Lunatic Hospital of [as the Case may be], severally 
 
 appointed to treat for the uniting of the said County and Borough [or Counties 
 and Boroughs] [and Lunatic Hospital, as the Case may be], for the 
 
 Purposes of an Act passed in the Year of Her Majesty 
 
 Queen Victoria, intituled *■' A.n Aci'^ [here insert the title of this Act], that tlie 
 said County [or Counties] and Borough [or Boroughs, and the said Lunatic Hos- 
 pital, as the Case may be], shall henceforth be united for the Purposes of the said 
 Act ; and that an Asylum for the Reception of Lunatics with all necessary Build- 
 ings, Courts, Yards, and Outlets, shall be immediately provided and properly fitted 
 up and accommodated for the Purposes mentioned in the said Act : and that the 
 necessary Expenses attending the providing, building, fitting up, Repairs, and 
 Maintenance of the said Asylum shall be defrayed by the said County [or Counties] 
 and Borough [or Boroughs and Lunatic Hospital], so united, iu the following Pro- 
 portions ; (that is to say,) 
 
 The County of Five Ninths of the said Expenses. 
 
 The Borough of Two ^Ninths of the same. 
 
 The Lunatic Hospital of Two Ninths of the same [as the Case 
 
 may he]. 
 
 And it is further agreed, that the Committee of Visitors to superintend the 
 Building, Erection, and Managemeut of the said Asylum shall be appointed in the 
 following Proportions ; the Justices of the Peace for the said County of 
 
 shall appoint* , the Justices of the Peace for the Borough of 
 
 shall appoint* , and the Subscribers to the said 
 
 Lunatic Hospital of shall appoint* , and the Propor- 
 
 tions in which the said Committee of Visitors are to be appointed as aforesaid may 
 be from Time to Time varied, with the Consent in Writing under the Hands of the 
 greater Number of Visitors of the said County and Borough [or each of the said 
 Counties and Borougiis], and of the greater Number of the Visitors appointed by 
 the said Body of Subscribers, and with the Consent of the Commissioners in 
 Lunacy : And hereunto we, the L^ndersigned. being the major Part of each of the 
 Committees of Justices of the Peace for the said County and Borough [or Counties 
 and Boroughs] respectively, and the major Part of the Committee of Subscribers to 
 the said Lunatic Hospital, do, on behalf of the said County and Borougii [or Coun- 
 ties and Boroughs] and Lunatic Hospital, set our Hands and Seals, this 
 
 Day of in the Year 
 
 * Imert in these Ulanlcs either the Number or the Proportion of Viaitorg ; and uihere the Number 
 of the Committee of Visifom i» not fixed in the Agrei'menf, but only the Proportionn, a ProcUiion ihall 
 be made by the Agreement for fixing from Time to Time the Number of tuch Committee.
 
 272 
 
 APPENDIX. 
 
 SCHEDULE (E.) 
 
 Form of Mortgage and Chargk upon the County or Borough Rates for 
 securing the Money borrowed. 
 
 We, the Chairman of the Court of Quarter Sessions of the 
 
 Peace of the County of holden at the 
 
 Day of and Two other of Her Majesty's Justices of the 
 
 Peace for the said County, assembled in the said Court [or We, the Mayor and 
 Council of the Borough of as the Case shall be], in pursuance of the 
 
 Powers to us given by an Act passed in the Year of Her Majesty 
 
 Queen Victoria, intituled "An Act" [here insert the Title of this Act], do herel^y 
 niort<Tage and charge all the Rates and Funds to be raised and paid within the 
 said County [or Borough, as the Case ma;/ be], under the Description of County 
 Rates [or Borough Fund or Rates], with the Payment of the Sum of 
 •which of , hath advanced and paid towards defraying 
 
 the Expenses of purchasing Lands, and for building and repairing, &c. [as the Case 
 shall be] a Lunatic Asylum for the said County [or Borough, or the united Counties 
 and Boroughs of, &c., as the Case may be], and we do hereby grant and confirm 
 the same Rates and Funds unto the said his Executors, Adminis- 
 
 trators, and Assigns, for securing the Repayment of the said Sum of 
 and Interest for the same after the Rate of per Centum per Annum, 
 
 and do order the Treasurer for such County [or Borough, &c., as the Case shall be] 
 to pay the Interest of the said Sum of half-yearly, as the same 
 
 shall become due, until the Principal shall be discharged, at the Times and in the 
 Manner agreed upon between the said and the said Justices [or the 
 
 said Mayor and Council, as the Case may be], pursuant to the Directions of the 
 said Act. 
 
 SCHEDULE (C.) No. 1. 
 
 Names of all Pauper Lunatics in the Asylum at 
 
 the County [or Borough, &c., as the Case may be,] of 
 on the Day of 18 
 
 for 
 
 Names of 
 
 those chargeable to 
 
 a Parish, 
 
 Date 
 
 of 
 
 Admission. 
 
 Names of 
 
 those chargeable to 
 
 County. 
 
 Date 
 
 of 
 
 Admission. 
 
 Names of Criminals. 
 
 This is a correct Return 
 Dated 
 
 (Signed) 
 
 Clerk of the Asylum.
 
 APPENDIX. 
 
 273 
 
 SCHEDULE (C.) No. 2. 
 
 Names of all private Lunatics in the Asylum at 
 
 the County [or Borough, &c., as the Case may be,] of 
 on the Day of 18 
 
 for 
 
 Names. 
 
 Date of Admission. 
 
 This is a correct List. 
 Dated 
 
 (Signed) 
 
 Clerk of the Asylum. 
 
 SCHEDULE (D.) 
 
 Form of Annual Return. 
 
 A TRUE List of all Lunatics, Idiots, and other Persons of unsound Mind, 
 chargeable to the Common Fund, or to the Parishes comprised within [such 
 Part of] the Union [as is situate] [or to the Parish of 
 
 ] in the County of specifying the Names, Sex, and 
 
 Age of each, and whether dangerous or otherwise, and for what Length of '1 ime 
 
 the}' have been supposed to be of unsound Mind, and where detained, or how 
 
 otherwise disposed of.* 
 
 Where maintained. 
 
 In a County 
 
 or Borough 
 
 Asylum, and 
 
 what Asylum, 
 
 and when 
 sent thither. 
 
 In a regis- 
 tered Hospi- 
 tal or licensed 
 House, and 
 where, and 
 when sent 
 thither. 
 
 In the 
 
 Workhouse. 
 
 InLodgingrs 
 or boarded 
 out, and 
 where, and 
 with whom, 
 by Name 
 
 Residing 
 with Rela- 
 tives, and 
 whire, and 
 
 with 
 
 whom, by 
 
 Name. 
 
 •^ .3 
 
 fe '^ 
 
 3 Cj 
 
 S-o' 
 
 Signed by me this 
 
 18 
 
 Day of 
 A.B. 
 
 Clerk to the Board of Guardians of the said Union, 
 [or Overseer of the said Parish]. 
 
 * Lunatics chargeable to (he Common Fund, mho are in the Workhouse, should be entered as in 
 the County where the Workhouse is situate; and those who are not in the IVorkhotise, as in the 
 County in which they reside.
 
 274 
 
 APPENDIX. 
 
 SCHEDULE (E.) 
 
 County of 
 
 Union [or Parish] of 
 District of 
 
 Quarterly List of Lunatic Paupers within the 
 Union of [or the Parish of 
 
 in the County or Borough of 
 Hospital, or licensed House. 
 
 District of the 
 
 ] 
 not in any Asylum, registered 
 
 Name. 
 
 Sex. 
 
 Age. 
 
 Form 
 of mental 
 Disorder. 
 
 Duration of 
 present Attack 
 
 of Insanity, 
 and, if idiotic, 
 
 whetiier or 
 
 not from 
 Birth. 
 
 Where and 
 
 with whom 
 
 resident. 
 
 Date 
 
 of 
 Visit. 
 
 In what 
 
 Condition, and if 
 
 ever restrained, 
 
 why, by what 
 
 Means, and 
 
 how often. 
 
 
 
 
 
 
 
 
 
 I declare that I have personally examined the several Persons whose Names 
 are specified in this List, on the Days set opposite to their Names, and that they 
 are all [oj- all except A.B., CD., and E.F.] properly taken care of, and may 
 jiroperly remain out of an Asylum, and that these are the only Pauper Lunatics, 
 to the best of my Knowledge, in the District of the Union [or m 
 
 the Parish] of who are not in an Asylum, registered Hospital, or 
 
 duly licensed House. 
 
 (Signed) A.B. 
 Medical Officer of the District 
 
 of the Union [or Parish] of 
 Dated the Day of One thousand eight hundred 
 
 and 
 
 SCHEDULE (F.) No. 1. 
 
 Order for the PtECEPTiON of a Pauper Patient. 
 
 I, CD. [in the Case of a sivgle Justice of the Peace, or in the Case of Tuo 
 Justices, or of a Cter'jyman and Relieving Officer, &c.. We C.B. and E.P.\ the 
 Undersigned, having called to my [or our] Assistance a Physician, [or Surgeon, or 
 Apothecary, as the Case may he,] and having personally examined A.B., a Pauper, 
 [omit the Words "a Pauper" when the Lunatic is not a Pauper,] and being 
 satisfied that the said A.B. is a Lunatic [or an Idiot, or a Person of unsound 
 Mind,] [add, where the Lunatic is sent as being wandering at large, the Words 
 " wandering at large," and in the Case of a LuncUic sent by virtue of the Authority 
 given to Two Justices, add "not under proper Care and Control," or "and is 
 cruelly treated [or neglected] by the Person having the Care or Charge of him," 
 as may a-ppear to the Justices to be the Case], and a proper Person to be taken 
 charge of and detained under Care and Treatment, hereby direct you to receive
 
 APPENDIX. 
 
 I'V o 
 
 tlie said A.B. as a Patient into your Asylum {or Hospital, m- House]. Subjoinefi 
 is a Statement respecting the said A.li. 
 
 (Signed) (7.2). 
 * A Justice of the Peace for the City or Borough 
 ^'f [oj- an or the Officiating 
 
 Clergyman of the Parish of ] 
 
 (Signed) E.F. 
 The Relieving Officer of the Union or Parish 
 of \pr an Overseer of the 
 
 Parish of ]. 
 
 • To be signed by Two Justices, where required by the foregoing Act, 
 
 Dated the Day of One thousand eight hundred 
 
 To Superintendent of the Asylum for the 
 
 County of or the Lunatic Hospital of 
 
 or Proprietor of the licensed 
 House of [describing the Asylum, Hospital, 
 
 or House.] 
 
 Note. — TFTtere the Order directs the Lunatic to he received into any Asylum 
 other than an Asylum of the County or Borough in which the Parish or 
 Place from which the Lunatic is sent is situate, or into a registered Hospital 
 or licensed House, it should state that the Justice or Justices or other Persons 
 making the Urder w or are satisfied that there is no Asylum of such County 
 or Borough, or that the Asylum or Asylums thereof is or are full; or (as the 
 Case may require) the special Circumstances by reason whereof the Lunatic 
 cannot conveniently he taken to an Asylum for such first-mentioned County 
 or Borough. 
 
 Statement. 
 [// any Particulars in this Statement he not known, the Fact to be so stated.] 
 
 Name of Patient, and Christian Name, at Length. 
 
 Sex and Age. 
 
 Married, single, or widowed. 
 
 Condition of Life, and previous Occupation (if any). 
 
 The Religious Persuasion, as far as known. 
 
 Previous Place of Abode. 
 
 Whether First Attack. 
 
 Age (if known) on First Attack. 
 
 When and where previously under Care and Treatment 
 
 Duration of existing Attack. 
 
 Supposed Cause. 
 
 Whether subject to Epilepsy. 
 
 W^hetlier suicidal. 
 
 Whether dangerous to others. 
 
 Parish or Union to which the Lunatic is chargeable (if a Pauper or destitute 
 lAinatic). 
 
 Name and Christian Name and Place of Abode of the nearest known Relative 
 of the Patient, and Degree of Relationship (if known). 
 
 I certify that to the best of my Knowledge the above Particulars are 
 correctly stated. 
 
 (Signed) 
 
 [In the Case of a Pauper, to be signed by the 
 lielieviiig Vficcr or Overseer.] 
 T 2
 
 276 APPENDIX. 
 
 SCHEDULE (F.) No. 2. 
 
 Obdek for the Reception of a Private Patient. 
 
 I, the Undersigned, hereby request you to receive A.B., a Lunatic, [or an Idiot, 
 or a Person of unsound Mind,] as a Patient into your Asylum. Subjoined is a 
 Statement respecting the said A.B. 
 
 (Signed) Name. 
 
 Occupation (if any). 
 Place of Abode. 
 
 Degree of Relationship (if any), or 
 other Circumstance of Connexion 
 with the Patient. 
 Dated this Day of One thousand eight 
 
 hundred and • , n , 
 
 To Superintendent of the Asylum tor the 
 
 County [or Borough] of [describing the Asylum]. 
 
 Statement. 
 [[f any of the Particulars in this Statement be not Jcnown, the Fact to be so stated.] 
 Name of Patient, with Christian Name at Length. 
 Sex and Age. 
 
 Married, single, or widowed. 
 
 Condition of Life, and previous Occupation (if any). 
 The Religious Persuasion, as far as known. 
 Previous Place of Abode. 
 Whether First Attack. 
 Age (if known) on First Attack. 
 
 When and where previously under Care and Treatment. 
 Duration of existing Attack. 
 Supposed Cause. 
 Whether subject to Epilepsy. 
 Whether suicidal. 
 Whether dani^erous to others. 
 Whether found lunatic by Inquisition, and Date of Commission or Order for 
 
 Inquisition. 
 Special Circumstances (if any) preventing the Patient being examined, before 
 Admission, separately by Two Medical Practitioners. 
 
 (Signed) Name. 
 Where the Person sirjning the Statement is not the Person who signs the Order, the 
 following Particulars concerning the Person signing the Statement are to be 
 added ; viz. 
 
 Occupation {if any). 
 Place of Abode. 
 
 Degree of Relationship {if any) or other Circumstances of 
 Connexion with the Patient. 
 
 SCHEDULE (F.) No. 3. 
 
 Form of Medical Certificate. 
 
 I, the Undersigned [here set forth the Qualification entitling the Person certi- 
 fifing to practise as a Physician, Surgeon, or Apothecary, ex. gra., " being a Fellow 
 "of the Royal College of Physicians in Ijondon,"] and being in actual Practice as a 
 [Physician, Surgeon, or Apothecary, as the Case may be], hereby certify. That I, 
 on the Day of at 
 
 [here insert the Street and Number of the House (if any) or other like Particulars], 
 in the County of , [in any Case tcJierc more 
 
 <han One Medical Certificate is required by this A ct, here insert separately from any 
 other Medical Practitioner,] personally examined A.B. of
 
 APPENDIX. 277 
 
 [insert Residence and Profession or Occupation, if any], and th{*t the said A . B. is a 
 [Lunatic, or an Idiot, or a Person of unsound Mind], and a proper Person to be 
 taken charge of and detained under Care and Treatment, and that I have formed 
 this Opinion upon the following Grounds ; viz. 
 
 1. Facts indicating Insanity oljserved by myself [/tere state the Pacts]. 
 
 2. Other Facts (;/ any) indicating Insanity communicated to me by others 
 
 \liere state the Information, and from whom]. 
 
 (Signed) 
 
 Place of Abode 
 Dated this Day of One thousand eight 
 
 hundred and 
 
 SCHEDULE (r.)No. 4. 
 
 Notice of Admission. 
 
 I hereby give you Notice, That A.B. veas admitted into this Asylum as a 
 Private [or Pauper] Patient on the Day of 
 
 and I hereby transmit a Copy of the Order and Statement and Medical Certificates 
 [or Certificate] on which he was received. 
 
 [If a private Patient be received upon One Certificate only, the special Circum- 
 stances tvhich have prevented the Patient from being examined by Two Medical 
 Practitioners to be here stated, as in the Statement accompanying the Order for 
 Admission.] 
 
 Subjoined is a, Statement with respect to the mental and bodily Condition of 
 the above-named Patient. 
 
 (Signed) 
 
 Clerk of Asylum. 
 
 Dated the Day of One thousand 
 
 eight hundred and 
 
 Statement. 
 
 I have this Day [some Day not less than Tivo clear Days after the A dmission 
 of the Paticnt\ seen and examined the Patient men 
 
 tioned in the above Notice, and hereby certify that with respect to mental State 
 he [or she] and that with respect to bodily Health and Condition 
 
 he [or she] (Signed) 
 
 Medical Officer of Asylum. 
 
 Dated the Day of One thousand eight hundred 
 
 and 
 
 SCHEDULE (F.) No. 5. 
 
 Form of Notice of Discharge, Eemoval, or De.\th. 
 
 I hereby give you Notice, That Pauper [or a Private] Patient, 
 
 admitted into this Asylum on the Day of was 
 
 dischari;ed therefrom recovered [or relieved, or not improved,] or was removed to 
 [_mentioning the Asylum, tfcc] relieved [or not improved], by the Authority of 
 
 or died therein in the presence of ], on the 
 
 Day of 
 
 (Signed) 
 
 Clerk of the Asylum. 
 
 Dated the Day of One thousand eight hundreil 
 
 and 
 
 In case of Death, add, " I certify that the apparent Cause of Death of the 
 said [as ascertained by post mortem examination (if so)] 
 
 was ." 
 
 (Signed) 
 Medical Officer of the Asylum.
 
 278 
 
 APPENDIX. 
 
 O 
 
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 1846: 
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 Johnson 
 
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 1846: 
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 APPENDIX. 
 
 279 
 
 pi: 
 
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 o 
 
 K 
 
 tf 
 
 CD 
 
 I 
 1 
 
 a 
 
 to 
 
 
 Age 
 
 at 
 
 Death. 
 
 ^ 
 
 
 a 1 S5 
 
 Assigned 
 Cause 
 
 of 
 Death. 
 
 Phthisis 
 
 •6 
 
 5 
 
 .■( 
 
 ai 
 
 Removal, and to 
 what Asylum, re- 
 gistered Hospital, 
 or licensed House. 
 
 ^1 
 II 
 
 e4 I 1 
 
 S 1 ' 
 
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 Christian 
 
 and Surname at 
 
 Length. 
 
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 William Johnson 
 William Johnson 
 
 No. in 
 Register 
 
 of 
 Patients. 
 
 rt •* t» 
 
 Date of 
 
 last 
 
 Admission. 
 
 1846: 
 Jan. 3 
 
 1848: 
 June 9 
 
 1852: 
 May 6 
 
 Date of 
 Death, 
 
 Discharge, 
 or 
 
 Eemoval. 
 
 1846: 
 Sept. 1 
 
 1818: 
 Dee. 2 
 
 1853 : 
 June 8
 
 2S0 
 
 APPENDIX. 
 
 SCHEDULE (G.) No. 3. 
 Form of Medical Journal.* 
 
 Date. 
 
 Number 
 
 of 
 Patients. 
 
 Patients who are, or since the 
 last Entry have been, under Patients under 
 Restraint or in Seclusion, ' Medical Treatment, 
 when and for what Period, and and for what, if any, 
 Reasons, and, in case of , bodily Disorder. 
 Restraint, by what Means. 
 
 Deaths, Injuries, 
 
 and Violence 
 
 to Patients since 
 
 the last Entry. 
 
 
 M. 
 
 F. 
 
 Males. 
 
 Females. 
 
 Males. 
 
 Females. 
 
 
 • 
 
 
 
 
 
 
 
 
 * In the Case of an Asylum receiving' both Pauper and private Patients, a separate Journal to be 
 kept in the above Form for each Class. 
 
 ANNO DECIMO NONO & VICESIMO VICTORIA BEGINS. 
 
 CAP, LXXXVII. 
 
 An Act to amend the Lunatic Asylums Act, 1853. 
 
 [29th July 1856.] 
 
 BE it enacted by the Queen's most Excellent Majesty, by and with the Advice and 
 Consent of the Lords Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the Authority of the same, as follows : 
 
 Recorder to appoint Two Justices to be Members of the Committee of Justices of the 
 Cownty for providing an Asylum. 
 
 I. Where a Committee is or shall hereafter be appointed to provide an Asylum 
 for any County under the Lunatics Asylum Act, 1853, the Recorder of every 
 Borough now or hereafter annexed to such County for the Purposes of the said 
 Act shall, at the Grt-neral or Quarter Sessions next after sucl) Appointment as 
 aforesaid, or where such Committee has been already appointed, shall, at the 
 General or Quarter Sessions next after the passing' of this Act, appoint Two Justices 
 of such Borough to be Members of such Committee.
 
 APPENDIX. 281 
 
 ANNO DECIMO OCTAVO & DECIMO NONO VICTORIiE REGIN.E. 
 
 CAP. CV. 
 
 An Act to amend the Lunatic Asylums Act, 1853, and the Acts 
 passed in the Ninth and Seventeenth Years of Her Majesty, for the 
 Regulation of the Care and Treatment of Lunatics. 
 
 [14th August 1855.] 
 
 BE it enacted by the Queen's most Excellent Majesty, by and with the Advice 
 and Consent of the Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the Authority of the same, as follows : 
 
 Any single County or Borough may unite with the Subscribers to a Hospital, 
 and any Committee of Visitors of an existing Asylum may so unite. 
 
 I. Section Three of the Lunatic Asylums Act, 1853, shall extend to empower 
 the Justices of any One County or Borough to authorize any Committee of Jusiices 
 elected for such County or Uorough thereunder to treat and enter into an Agree- 
 ment for uniting with the Suijscribers to any such Hospital as therein mentioned, 
 and it shall not be necessary that any other County or Borough be a Party to such 
 Agreement ; and Section Five of the said Aco shall extend to empower any such 
 Committee of Visitors as therein mentioned to enter into an Agreement for uniting 
 with the Subscribers to any such Hospital alone. 
 
 The Proportion of Expenses between any County and Borough may be fixed 
 with reference to Accommodation likely to be required. 
 
 JI. When Two or more Committees agree to unite under the Lunatic Asylums 
 Act, 1853, or under that Act as amended by this Act, the Proportion in which the 
 Expenses of carrying into execution liie Purposes of the said Act shall be charged 
 upon and raised by each County and Borough so uniting may be calculated and 
 fixed according to the Extent of the Accommodation which in the Judgment of 
 the Committees entering into such Agreement will be required for the Pauper 
 Liinaiics of such County and Borough respectively ; and the Power in Section 
 Sixteen of the Lunatic Asylums Act, 1853, ot repealing or altering the iStipulalions 
 of any Agreement for uniting, shall extend to authorize the Alteration thereof by 
 readjusting the Proportions in which the Expenses aloresaid shall be chargetl on 
 each County and Borough and the Subscribeis (if any) uniting, or any of the said 
 I'arties, and, where the Committee of Visitors think fit, by fixing as aforesaid, 
 acconling to the probable Extent of Accommodation required, the Proportion in 
 which each County and Borough is to contribute to such Expenses ; and where the 
 Proportions of any Contributions are fixed according to the probable Extent of 
 Accommodation required as aforesaid the Agreement shall specify that such Pro- 
 portions are fixed according to that Basis. 
 
 Agreements for uniting to be hereafter entered into to stiptulate for Contnbution by 
 Counties and Boroughs according to their relative Populations Jor the lime 
 being, where not fixed according to foregoing Provision. 
 
 III. Where an Agreement for uniting is hereafter entered into under the 
 Lunatic Asylums Act, 1S53, or under that Act as amended by this Act, and the 
 Proportion in which the Expenses of carrying the Purposes of the said Act into 
 execution are to be charged upon each County and liorough is not tixed, under the 
 foregoing Provision, with ruierence to the probable Extent of Accommodation 
 required, tiie Agreement shall stipulate that such Expenses, or, where any Com- 
 mittee of Subscribers of a Lunatic Hospital are a Party to the Agreement, then 
 that the aggregate Amount to be contributed by the Counties and Boroughs 
 towards such Expenses, shall be from Time to Time charged upon and raised by 
 the Counties and Boroughs in proportion to their respective Populations as stated
 
 282 APPENDIX. 
 
 in the last Return for the Time being made of the same under the Authority of 
 Parliament, and such Agreement shall be varied from the Form in Schedule (A.) 
 to the Lunatic Asylums Act, 1853, accordingly. 
 
 Where Expenses are to he contributed in proportion to Population, the same to he 
 ascertained hy last Census for the Time being. 
 
 IV. Where an Agreement for uniting has been already entered into under the 
 Lunatic Asylums Act, 1853, or any former Act, the Expenses of carrying into 
 execution any such Act, or, where any Committee of Subscribers is a Party to tlie 
 Agreement, the aggregate Amount to be contributed by such Counties and 
 Boroughs, shall be from Time to Time charged upon and raised by the Countits 
 and Boroughs united in proportion to their respective Populations as stated in the 
 last Return for the Time being made of the same under the Authority of Parlia- 
 ment, save where such Expenses are adjusted and fixed under the foregoing Provi- 
 sion according to the probable Extent of Accommodation required. 
 
 Where there is a Dissolution of a Union a new Asylum to be provided. 
 
 V. To the Intent that due Provision may be made for the Reception and Care 
 of the Pauper Lunatics of Counties and Boroughs Parties to Unions upcm tlie 
 Dissolution of such Unions, the Justices of every County and Borough united 
 (either alone or with any Subscribers) shall, before any Dissolution of their Union 
 takes effect, at a General or Quarter Sessions for such County, or at a Special 
 Meeting of the Justices of such Borough, (as the Case may require,) elect a 
 Committee to provide an Asylum for their County or Borough, and authorize such 
 Committee to proceed for that Purpose in manner by the Lunatic Asylums Act, 
 1853, provided in the Case of a County or Borough not having an Asylum ; and 
 all the Provisions of the said Act and this Act applicable to a Committee elected 
 to provide an Asylum in the Case of a County or Borough not having an Asylum 
 shall be applicable to the Committee elected under this Provision. 
 
 Provisions to apply to Councils of Boroughs where they have tahen upon 
 themselves the Execution of the Lunatic Asylums Act, 1853. 
 
 VI. Where the Council of a Borough has taken upon itself, under the Lunatic 
 Asylums Act, 1853, or the Act of the Session holden in the Eighth and Ninth 
 Years of Her Majesty, Chapter One hundred and twenty-six, the Duties, Powers, 
 and Authorities imposed or conferred upon or given to the Justices of the Borough, 
 such Council sliall be subject to and have and exercise the Duties, Powers, and 
 Authorities b}' this Act imposed or conferred upon the .Justices of a Borough, or 
 any Committee elected by them ; and such Council may confer upon any Com- 
 mittee appointed by them such of the said Duties, Powers, and Authorities as 
 under this Act are or may bo conferred upon a Committee elected by the Justices 
 of a Borough; and where the Council of a Borough had before the Commencement 
 of the Lunatic Asylums Act, 1853, taken upon itself under the said Act of the 
 Eighth and Ninth Years of Her Majesty, Chapter One hundred and twenty-six, 
 the Duties, Powers, and Authorities imposed or conferred upon or given to the 
 Justices of the Borough, such Council shall, from the Commencement of the 
 Lunatic Asylums Act, 1853, be deemed to have been subject to and to have had 
 the Duties, Powers, and Authorities by that Act imposed or conferred upon the 
 Justices of a Borough, or any Committee elected by them, and to have been 
 authorized to confer upon any Committee appointed by such Council such of the 
 said Duties, Powers, and Authorities as under such Act may be conferred upon a 
 Committee elected by the Justices of a Borough. 
 
 Places hecoming Boroughs after the Commencement of the Lunatic A sylums A ct, 1853, 
 to he deemed Boroughs annexed to the Counties in which they are situate. 
 
 VII. Any Place which has become a Borough within the Definition contained 
 in Section One hundred and thirty-two of the Lunatic Asylums Act, 1853, since,
 
 APPKNDIX. 283 
 
 the Commencomeiit of that Act, shall, from ami after the jiassing of this Act, be 
 deemed to be a Borough annexed to the County in which the Haiue is situate, and 
 any Place which after the passing of this Act becomes a Borougli within such 
 Definition shall, from and after the Time of becoming such Borou^d), be deemed a 
 Boroui'h so annexed, and the Provisions contained in Section Nine in the Lunatic 
 Asylums Act, 1853, for the Appointment of Two Justices of a Borough annexed 
 thereunder to a County to be Members of the (Committee of Visitors of the Asylum 
 of such County, and in relation to the Contribution by sucli Borough to tlie 
 Expenses of the Asylum of such County, shall extend to any Borough annexed 
 under this Enactment. 
 
 Powers given by Sect. 77. of Lunatic Asylums Act, 1853, to Visitors of an 
 Asylum to order Removal of Pauper Lunatics extended. 
 
 VIII. The Power given by Section Seventy-seven of the Lunatic Asylums 
 Act, 1853, to any Two of the Visitors of any Asylum, being Justices, to order any 
 Pauper Lunatic ctiargeable to any Parish or Union within the County or Borough, 
 or any County or Borough to which such Asylum wholly or in part belongs, or to 
 any such County, and who may be confined in any other Asylum, or 
 in any registered Hospital or licensed House, to be removed to such first- 
 mentioned Asylum, shall be extended so as to authorize such Visitors to 
 order any Pauper Lunatic chargeable to any Parish or Union within any County 
 or Borough, or to any County for the Reception of the Pauper Lunatics whereof 
 into such first mentioned A-ylum there is a suljsisting Contract, anil who may be 
 confined as aforesaid, to be removed to such first-mentioned Asylum, and also to 
 order any such Pauper Lunatic as herein-before mentioned to be removed from such 
 first-mentioned Asylum to any Asylum, registered Hospital, or licensed House, 
 subject nevertheless to the Restriction contained in Section Seventy-eight of the 
 Lunatic Asylums Act, 1853. 
 
 Powers of Commissioners and Visitors to continue applicable to a House which has 
 been licensed after Expiration of Licence, while any Patients arc therein. 
 
 IX. The Powers of the Commissioners and Visitors under the Lunatic Asylums 
 Act, IS.IS, and the Acts of the Eighth and Ninth Years of Her Majesty, Chapter 
 One hundred, and the Sixteenth and Seventeenth Years of Hur ]\Lijesty, Chapter 
 Ninety-six, with reference to any licensed House and the Inmates thereof, and all 
 Powers and Provisions of the said Acts having reference to the Discharge, Removal, 
 and Transfer of such Inmates, shall, alter the Expiration or Revocation of any 
 Licence granted in respect of such House, continue in force for all Purposes, so 
 long as any Lunatics are detained therein, in the same Manner as if the Licence 
 subsisted. 
 
 Contracts under Forty-second Section of Lunatic Asylums Act, 1853, 
 may be renewed. 
 
 X. Whereas Doubts have been entertained whether under the Forty-second 
 Section of the Lunatic Asylums Act, 18.)3, a Contract for the Reception of Pauper 
 Lunatics thereby authorized can be renewed : Be it declared and enacted. That 
 upon or after the Expiration or other Determination of any Contract for any of the 
 Purposes of the said Section it shall be lawful for every Committee of Visitors, 
 under and subject to the several Provisions of the said Act applicable thereto, 
 from Time to Time to enter into a new Contract for any of the Purposes men- 
 tioned in the said Section with the Committee of Visitors of any Asylum, or with 
 the Subscribers to any Hospital registered or the Proprietor of any House licensed 
 for the Reception of Lunatics, and for the Committee of Visitors of any Asylum, 
 or the Subscribers to any registered Hospital or the Proprietor of any licensed 
 House, to contract with any Committee of Visitors accordingly. 
 
 Provision for Burial of Pauper Lunatics. 
 
 XI. Where the Visitors of Lunatic Asylums for Counties and Boroughs in 
 England, or any of their Officers duly authorized in that Behalf, shall undertake
 
 284 APPENDIX. 
 
 the Burial of any Pauper Lunatic, and tlie Burial cannot take place in the Parish 
 where the Death shall have taken place b}' reason of the public Buiial Ground of * 
 such Parish having been closed, and no other having been provided, or where, in 
 consequence of the crowded State of such Burial Ground, the Visitors as aforesaid 
 are of opinion tliat the Burial of such dead Body therein would be improper, it shall 
 be lawfid to bury such Body in a public Burial Ground of or in some other Parish 
 as near as conveniently may be to the Parish wherein the Death shall have taken 
 place, with the Consent of the Minister and Churchwardens of such Parish : Pro- 
 vided, that in all Cases of Burial under the Direction of the Visitors or their 
 Officers as aforesaid the Fee or Fees payable by the Custom of the Place where the 
 Burial maj^ be, or under the Provisions of any Act of Parliament shall be paid by 
 the said Visitors for the Burial of each such Body to the Person or Persons who by 
 such Custom or under such Act of Parliament shall be entitled to receive such Fee 
 or Fees. 
 
 Power to enter into Agreements with Cemetery Comimny or Burial Board. 
 
 XII. The Visitors of Lunatic Asylums in England may fiom Time to Time 
 enter into Agreements with the Proprietors of any Cemetery established under the 
 Authority of Parliament, or with any Burial Board duly constituted under the 
 Statutes in that Behalf for tlie Burial of the dead Bodies of any Pauper Lunatics 
 which such Visitors may undertake to bury ; and thereupon the Burial of any 
 such Body, under the Directions of the said Visitors or their Officer, in such Ceme- 
 tery, or in the Burial Ground of such Burial Board, shall be lawful : Provided, 
 however, that no such Agreement shall be valid unless made in such Form and 
 with such Stipulations as the Commissioners in Lunacy shall approve. 
 
 Committee of Visitors may convey Land for Burial Ground for Lunatics, die. 
 dying in the Asylum. 
 
 XITI. And whereas it is expedient that Burial Grounds should be provided for 
 Persons dying in any County or Borough Lunatic Asylum built or to be built 
 under the Authority of any Act of Parliament for the Reception of Pauper 
 Lunatics : Be it therefore enacted, That it shall be lawful for every Committee of 
 Visitors of any County or Borough Lunatic Asylum, or for any Trustees or Trustee 
 in whom any Land shall be vested for the Purposes of an Asylum, with the 
 previous Consent of One of Her Majesty's Principal Secretaries of State under his 
 Hand, to give, grant, and convey to Her Majesty's Commissioners for building 
 new Cliurches, and it shall be lawful for them to accept, any Portion not exceeding 
 Two Statute Acres of any Land which belongs to or has been or may be purchased 
 for any such Asjluiii, for the Purpose of Consecration as a Burial Ground for 
 Pauper or other Lunatics or Officers or Servants dying in such Asylum, and that 
 in all such Cases the Freehold of every Burial Ground, of which Her Majesty's 
 said Commissioners shall accept a Conveyance under the Provisions of this Act for 
 the Purpose of Consecration, shall, after the same Burial Ground shall have been 
 conscrated, vest in the Visitors or Trustees or Trustee, as the Case may be, for 
 the Time being of the County or Borough Lunatic Asylum to which such Burial 
 Ground shall belong, and be for ever thereafter exclusively appropriated for the 
 Burial of Pauper and other Lunatics dying in such Asylum, and of the Officers 
 and Servants belonging to such Asylum and dying therein ; and that from and 
 a'ter the Consecration of such Land the Incumbent of the Parish in which such 
 Burial Ground is situate shall not be entitled to any Fee for the Interment therein 
 of any Pauper or other Lunatic dying in such Asylum, or of any of the Officers 
 and Servants belonging to such Asylum and dying therein. 
 
 Pauper Lunatics, vjhose Settlements cannot be ascertained, where found in a 
 Borough which does not contribute to the County Expenditure, to be chargeable to 
 such Borough. 
 XIV. And whereas Doubts are entertained as to the Chargeability of Pauper 
 
 Lunatics found in Boroughs whose Settlements cannot be ascertained, and it is 
 
 expedient to remove such Doubts :
 
 APPENDIX. 28o 
 
 Section Three of the Act of the Session holden in the Twelfth and Thirteentli 
 Years of Her Majesty, Chapter Eiglity-two, shall be repealed ; and where any 
 Pauper Lunatic is not settled in the Parish by which or at the Instance of some 
 Officer or Officiating Clergyman of which he is sent to an Asylum, registered 
 Hospital, or licensed House, and it, cannot be ascertained in what Parish such 
 Pauper Lunatic is settled, and such Lunatic was found in a BorouL;h having a 
 separate Court of Quarter Sessions of the Peace, and which is not liable, under the 
 Act of the Session holden in the Fifth and Sixth Years of King WtUiaia the 
 Fourth, Chapter Seventy-six, Section One hundred and seventeen, to the Payment 
 of a Proportion of the Sums expended out of the County Rate, such Lunatic may 
 be adjudged to be chargeable to such Borough by any Two Justices of such 
 Borough ; and it shall not be lawful for any Justices to adjudge such Lunatic to 
 be chargeable to any County, nor to make any Order upon the Treasurer of any 
 County for the Payment of any Expenses whatsoever incurred or to be incurred in 
 respect of the said Lunatic ; and all tlie Provisions in the Lunatic Asylums Act, 
 1853, as to the Mode of detennining that a Pauper Lunatic is chargeab'e to a 
 County, and as to the Order to be made for the Maintenance of such Pauper 
 Lunatic, shall extend and be applied to such Borough, as fully and effectually, to 
 all Intents and Purposes, as if all the said Provisions were repeated and re-enacted 
 in this Act, and made applicable to such Borough, in the same ^Manner in all 
 respects as though for the Purposes of this Provision such Borough were a separate 
 and distinct County. 
 
 Seals of Commissioners, Visitors, and Justices, to Orders, <tr. dispensed with. 
 
 XV. In all Cases in which, under the Lunatic Asylums Act, 1853, or the Act 
 of the Session holden in the Eighth and Ninth Years of Her Majesty, Chapter One 
 hundred, or the Act of the Session holden in the Sixteenth and Seventeenth 
 Years of Her Majesty, Chapter Xinety-six, any Order or other Instrument is 
 required to be under the Hand and Seal or Hands and Seals of any Visitor or 
 Visitors, Justice or Justices, it shall be sufficient for such Order or Instrument 
 to be signed only ; and all such Orders and Instruments as aforesaid which have 
 been signed before the passing of this Act, and have not had a Seal or Seals 
 affixed to them, as by Law required, shall be and be deemed to have been valid 
 and sufficient to justify any Proceeding thereon or thereunder. 
 
 So much of Sect. 6. of 16 d: 17 Vict. c. 96. as requires personal Examination 
 of Patients, repealed. 
 
 XVI. So much of Section Six of the said Act of the Sixteenth and Seventeenth 
 Years of Her Majesty, Chapter Ninety-six, as requires such Assent as therein 
 mentioned of Two of the Commissioners not to be given until after such Commis- 
 sioners have by personal Examination of the Patient satisfied themselves of his 
 Desire to remain, shall be repealed. 
 
 Consent of Committee of Management of any Hospital sufficient to authorize a 
 Patient being sent to any Place for Health. 
 
 XVII. The Superintendent of any registered Hospital may, with the Con- 
 sent in Writing of Two Members of the Committee having the Management or 
 Government of such Hospital, send or take, under proper Control, any Patient 
 to any specified Place for any definite Time for the Benefit of his Health; and 
 any such Consent, and any Consent under Section Eighty-six of the said Act of the 
 Eighth and Ninth Years of Her Majesty, Chapter One hundred, may be from Time 
 to Time renewed and the Place varied. 
 
 Detention of Lunatics after Expiration of or Revocation of Licence a Misdemeanor. 
 
 XVIII. If after the Lapse of Two !Months from the Expiration of any Li- 
 cence for the Use of any House for the Reception of Lunatics which has not 
 been renewed, or if after the Revocation of any such Licence there be in any 
 such House Two or more Lunatics, every Person keeping such House, or 
 having the Care and Charge of such Lunatics, shall be guilty of a Misdemeanor.
 
 286 APPENDIX. 
 
 Act to he read with the Acts amended as One Act. 
 
 XIX. This Act, so far as the same amends or affects the said Acts of the 
 Eighth and Ninth Years of Her Majesty, Chapter One hundred, and of the Six- 
 teeuth and Seventeenth Years of Her Majesty, Cha])ter Ninety-six, or either of 
 them, shall be read and construed together with the said Acts as One Act, and the 
 Provision contained in Section One hundred and six of the said Act of the Eighth 
 and Ninth Years of Her Majesty shall extend to Offences against this Act ; and 
 this Act, so far as the same amends or affects the Lunatic Asylums Act, 1853, 
 shall be read and construed therevyith as One Act. 
 
 ANNO VICESIMO QUINTO & VICESIMO SEXTO 
 VICTORM^] REGINiE, 
 
 CAP. LXXXVI. 
 
 An Act to amend the Law relating to Commissions of Lunacy and the 
 Proceedings under the same, and to provide more effectually for 
 the visiting of Lunatics, and for other Purposes. 
 
 [7th August 1862.] 
 
 WHEREAS it is expedient to amend the Law relating to Commissions of 
 Lunacy and the Proceedings under the same, and to provide more effectually 
 for the visiting of Persons found lunatic by Inquisition, and to make the other 
 Provisions herein-after contained with respect to ceitain Officers in Lunacy, and 
 otheiwise : Be it therefore enacted by the Queen's most Excellent Majesty, by and 
 with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, 
 in this present Parliament assembled, and by the Authority of the same, as 
 follows : 
 
 Short Title. 
 
 1. This Act may be cited as "The Lunacy Regulation Act, 1862." 
 
 Interpretation. 
 Act to be construed as Part of Lunacy Regulation Act, 1853. 16 <£; 17 Vict. c. 70. 
 
 2. In this Act, unless there be something in the Subject Matter or Context 
 repugnant to the Construction, the following Terms shall have the Meanings 
 lierein-atter assigned to them : 
 
 The Expression "the Lord Chancellor intrusted as aforesaid" and the several 
 other Expressions and Words mentioned and referred to in the Second Section of 
 the Act passed in the Session of Parliament holden in the Sixteenth and Seventeenth 
 Years of the Reign of Her present Majesty, Cliapter Seventy, intituled ^»i Act 
 for the Rerjulalion of Procecdinr/s under Commissions of Lunacy, and the Con- 
 .tolidalion and Amendment of (he Acts respecting Lunatics so found hy Inquisition 
 and their Estates, shall be read and construed according to the Interjiretations 
 thereof contained in tlie said Section : 
 
 And "enerally the Provisions of the said Act (except so far as the same are 
 altered by or are inconsistent with this Act) shall extend and apply to the several 
 Cases and Matters provided for by this Act, in the same Way as if this Act had 
 been incorporated with and had formed Part of the said Act. 
 
 Nature and Limit of Inquiry under Commissions of Lunacy. 
 
 3. The Inquiry to be made under every Order for Inquiry or Commission of 
 Lunacy or Issue shall be confined to the Question whether or nnt the Person who 
 is the Subject of the Inquiry is at the Time of such Inquiry of unsound Mind, 
 and incapable of managing himself or his Affairs, and no Evidence as to anythiiig
 
 APPENDIX. 287 
 
 done or said by such Person, or aa to his Demeanour or State of Mind at any Time 
 l)eing more tlnin Two Years before the Time of the Inquiry, shitll be receivable in 
 Proof of Insanity on any such Inquiry, or on llie Trial of any Traverse of an 
 Inquisition, unless the Judge or Master shall otherwise direct. 
 
 Inquiries hefore a Jury to he made by means of an Issue to one of (lie 
 Superior Courts of Common Law. 
 
 4. Wherever, under the said Act, the Lord Chancellor intrusted as aforesaid 
 shall order an Inquiry before a Jury, he may by his Order direct an Issue to be 
 tried in One of Her Majesty's Superior Courts of Common I>aw at Westminster, 
 and the Question in such Issue shall be, whetlier the alleged insane Person is of 
 unsound Mind and incapable of managing himself or his Affairs ; and the Provisions 
 of the said Act with i-espect to Commissions of Luiiacj', and Orders for Inquiry to 
 be tried i)y a Jury, and the Trial thereof, and the Constitution of the Jury, shall 
 apply to any Issue to lie directed as aforesaid, and the Trial thereof, and suliject 
 thereto such Issue and the Trial thereof shall be regula'ed by the Act of the Eighth 
 and Ninth Years of the Reign of Her present Majosty, Chapter One hundred and 
 nine, intituled An Act to amend the Law concerninr/ Games and Wagers, and the 
 Verdict upon any such Issue finding the alleged insane Person to be of unsound 
 Mind and incapable of managing himself or his Affairs, shall have the same Force 
 to all Intents and Purposes as an Inquisition under a Commission of Lunacy, 
 findino: a Person to be of unsound Mind and incapable of managing himself or 
 his Affairs, returned into the Court of Chancery. 
 
 Reference in other Acts to Inquisition to apply to Verdict on Issue. 
 
 5. Where in any Act of Parliament, Order, Rule of Court, or Instrument 
 Reference is made to a Commission of Lunacy, or the Inquisition thereon, the Issue 
 hereby authorized to be directed, and the Verdict thereon, oper.itingas an Inquisi- 
 tion, shall be deemed to be intended by or comprehended in the Reference. 
 
 Examination of alleged Lunatic on the holding of the Inquisition. 
 
 6. On the Trial of every such Issue as last aforesaid the alleged insane Person 
 shall, if he is within the Jurisdiction, be examined before the taking of the Evidence 
 is commenced, and at the Close of the Proceedings, before the Jury consult as to 
 thwir Verdict, unless the presiding Judge shall otherwise direct; and such Examina- 
 tions of the alleged insane Person shall take place either in open Court or in 
 private as such Judge shall direct. 
 
 Ao Traverse of an Inquisition made by One of the Judges of the Superior Courts 
 and by a Jury to be granted, but new Trial may be ordered by the Lord 
 Chancellor. 
 
 7. No Person shall be entitled to a Traverse of any Inquisition made under any 
 such Order as aforesaid uj)on the Oath of a Jury ; but it shall be liwful for the 
 Lord Chancellor intrusted as aton said, if he shall think fit, u]>on a Petition being 
 presented to him vi-ithin Three Months next after the Trial of any such Issue, to 
 order tli it a new Trial shall be had of such Issue or a new Inquiry made as to the 
 Insanity of such Person, sul)ject to such Directions and upon such Conditions as to 
 the Lord Chancellor intrusted as aforesaid may seem proper. 
 
 Sections One hundred and forty-eight. One hundred and forty-nine, and One 
 hundred and fifty of the said Act (which Sections relate to Peiitioiis and Orders 
 for the Traverse of Inquisitions) shall not apply to any Case coming within the 
 last preceding Section of this Act. 
 
 Section One hundred and fifty-one of the said Act shall apply to all Proceedings 
 tak'-n, Orilers made, and Things done, pending a new Trial or new Inquiry or 
 the Petition for the same, in the same Manner as is provided by the said Section 
 with respect to such Matters pending a Traverse or the Petition for the same.
 
 288 APPENDIX. 
 
 Demand of Inquiry by Jury. 
 
 8. And with Reference to Inquiries before the Master without a Jury, and the 
 Right of the alleged Lunatic to demand an Inquiry by a Jury, be it enacted, upon 
 the Hearing of any Petition for Inquiry it shall be lawful for the alleged Lunatic, 
 by himself, his Council or Solicitor, orally, or by Petition addressed to the Lord 
 Chancellor intrusted as aforesaid, to demand an Inquiry by a Jury, and such 
 Demand shall have the same Effect as if made by Notice filed with the Registrar 
 in accordance with the Provisions of the said Act. 
 
 Demand of Inquiry by Jury may be withdrawn. 
 
 9. Upon such Hearing the alleged Lunatic may, by himself, his Counsel or 
 Solicitor, orally, or by Petition as aforesaid, withdraw any Notice of demanding an 
 Inquiry by a Jury previously filed by him. 
 
 Commission may be superseded on Conditions. 
 
 10. And with respect to the superseding of Commissions, be it enacted. That if., 
 it shall appear to the Lord Chancellor that it is not expedient or for the Benefit " 
 of the Lunatic that the Commission should be unconditionally superseded, but that 
 same should be superseded on Terms an^ Conditions, he may, upon the Consent of 
 the Lunatic and such other Persons, if any, whose Consent he may deem necessary, 
 order the Commission to be superseded upon such Terms and Conditions as he 
 shall think proper ; and all the Provisions contained in " The Lunacy Regulation 
 Act, 1853," in relation to the superseding of the Commission in Cases where a 
 Traverse has been applied for, and to the Proceedings for the fulfilling of such 
 Terms and Conditions, shall apply to all Cases in which the Commission shall be 
 superseded upon Terms and Conditions under the Provisions herein contained. 
 
 Lord Chancellor may order Costs. 
 
 IL It shall be lawful for the Lord Chancellor intrusted as aforesaid to order 
 the Costs, Charges, and Expenses of and incidental to the Presentation of any 
 Petition for a C mmission in the Nature of a Writ de lunatico inquirendo, or for 
 any Order of Inquiry under "The Lunacy Regulation Act, 1853," and of and 
 incidental to the Prosecution of any Inquiiy, Inquisition, Issue, Traverse or other 
 Proceeding consequent upon such Commission or Order, to be paid either by the 
 Party or Parties who shall have presented such Petition, or by the Party or 
 Parties opposing such Petition, or out of the Estate of the alleged Lunatic, or 
 partly in one way and partly in another, as the Lord Chancellor intrusted as afore- 
 said shall in each Case think proper ; and such Order shall have the same Force 
 and Effect as Orders for the Payment of Money made by the High Court of 
 Chancery in Cases within its Jurisdiction. 
 
 As TO Property of insane Persons when op small Amodnt. 
 
 Power to Lord Chancellor, where Property of Lunatic does not exceed lOOOZ. in 
 Value, or 501. per Annum, to apply it for his Benefit in a summary Manner, 
 without Inquisition. 
 
 In order that the Property of insane Persons when the same is of small 
 Amount may be applied for their Benefit in a summary and inexpensive Manner, 
 be it enacted as follows : 
 
 12. Where, by the Report of One of the Masters in Lunacy or of the Com- 
 missioners in Lunacy, or by Affidavit or otherwise, it is established to the Satisfac- 
 tion of the Lord Chancellor intrusted as aforesaid that any Person is of unsound 
 Mind anil incapaljle of managing his Affairs, and that his Property does not exceed 
 One thousand Pounds in Value, or that the Income thereof does not exceed Fifty 
 Pounds per Annum, the Lord Chancellor intrusted as aforesaid may, without 
 directing any Inquiry under a Commission of Lunacy, make such Order as he may 
 consider expedient for the Purpose of rendering the Property of such Person, or
 
 APPENDIX. 289 
 
 the Income thereof, avaihxble for his Maintenance or Benefit or for carrying on his 
 Trade or Business : Provided nevertheless, that the ailefjed insane Person shall 
 have such jiersonal Notice of the Ajiplication for such Order as aforesaid as the 
 Lord Chancellor shall by General Order to be made as after mentioned direct. 
 
 Power to sell Land or other Property of Lunatic for his Benefit. 
 
 13. For the Purpose of giving effect to any such Order as is mentioned in the 
 last preceding Section the Lord Chancellor intrusted as aforesaid may order any 
 Land, Stock, or other Property of such Person as aforesaid to be sold, charged by 
 way of Mortgage, or otherwise disposed of, and a Conveyance, Transfer, Charge, 
 or other Disposition thereof to be executed or made by any Person on his Behalf, 
 and may order the Proceeds of any such Sale, Charge, or other Disposition, or the 
 Dividends or Income of such Land, Stock, or Property, to be paid to any' Relative 
 of such insane Person, or to sucli other Person as it may be considered proper to 
 trust with the A|iplication thereof, to be by him applied in the Maintenance or for 
 the Benefit of the insane Person, or of him and his Family, either at tiie Discre- 
 tion of such Relative or Person, or in such Manner, and subject to such Control, 
 and with or without such Security for the Application thereof, as the Lord Chan- 
 cellor intrusted as aforesaid may direct ; and for the Purpose above mentioned the 
 Jjord Chancellor intrusted as aforesaid shall have all the same Powers with respect 
 to the Transfer, Sale, and Disposition of, and otherwise respecting, the Real and 
 Personal Property of such Person as aforesaid as if he had been found lunatic by 
 Inquisition. 
 
 Power to mahe General Orders, to carry into effect the Objects of the last 
 preceding Section,. 
 
 14. The Lord Chancellor may from Time to Time make such General Orders 
 as he may think fit for regulating the Procedure to be adopted and tiie Duties to 
 be performed by the ^Masters and Officers in Lunacy for obtaining such Reports as 
 aforesaid, and for carrying the Oljects of the Two last preceding Sections into 
 effect, and for vesting in such Masters and Officers such Powers as the Lord Chan- 
 cellor may consider expedient for the Purposes aforesaid. 
 
 Power to apply Property of Persons acquitted on the Ground of Insanity for 
 their Benefit. 
 
 15. Where any Person has, on the Trial of any Indictment, been acquitted on 
 the Ground of Insanity, it shall lie lawful for the Lord Chancellor intrusted as 
 aforesaid, on being satisfied by Affidavit or otherwise of the continued Insanity of 
 such Person, and of his being still in Confinement, to make any such Order with 
 respect to the Property of such Person, and the Application thereof for his Main- 
 tenance or Benefit, or that of his Family, oi- for carrying on his Trade or Business, 
 as is mentioned in the Three last preceding Sections of this Act. 
 
 Charging Orders. 
 
 Extending Powers of charging Lunatic's Property for his Maintenance, 
 Debts, and Costs. 
 
 And for the Purpose of extending the Powers over the Property of Lunatics 
 given by Stction One hundred and sixteen of the said Act, be it enacted as follows : 
 
 16. Where it appears to the Lord Cliancellor intrusted as aforesaid to be for 
 the Lunatic's Benefit, he may by Order direct any Estate or Interest of the Luna- 
 tic in Land or Siock, either in po-session, reversion, remainder, contingency, or 
 expectancy, and either existing or which may exist at any future Time, to stand 
 and be charged with any Monies advanced or to be advanced, or due or to become 
 due, to any Person for or in respect of any of the Purposes or Matters mentioned 
 in the said Section, and either with or without Interest on such Monies ; and he 
 may also by Order direct any such Estate and Interest to be deait with and dis- 
 posed of in such Manner as he shall consider expedient for any of the Purposes 
 
 U
 
 290 APPENDIX. 
 
 aioresaid, or for securing any Monies advanced or to be advanced for such Purposes 
 or any of them, and with or without Interest for the same ; and everj' Charge and 
 Disposition directed or made by or in pursuance of any such Order shall be valid 
 and effectual to all Intents and Purposes and shall take effect accordingly, subject 
 onl}' to any prior Charge to which the Estate or Interest affected thereby may at 
 the Date of such Order he subject. 
 
 General. 
 
 A II Deeds, Transfers, Payments, &c. made in pursuance of tins A ct to he valid 
 and binding. Indemnity to the Bank of England, dx. 
 
 17. Every Conveyance, Transfer, Charge, or other Disposition made or executed 
 by virtue of this Act, and every Pnynient made in pursuance of this Act, shall be 
 valid to all Intents, and binding upon all Persons whomsoever ; and this Act shall 
 be a full Indemnity and Discharge to the Governor and Company of the Bank of 
 England, their Officers and Servants, and all other Persons respectively, for all 
 Acts and Things done or permitted to be done in pursuance thereof, or of any 
 Order of the Lord Chancellor intrusted as aforesaid made or purporting to be made 
 under this Act ; and such Acts and Things respectively shall not be questioned or 
 in)peached in any Court of Law or Equity to their Detriment. 
 
 Power to Masters to summon Witnesses. 
 
 18. To give further and better Effect to the Fifty-fifth, Fifty-sixth, and Sixtieth 
 Sections of the said Act, respecting the Attendance of Witnesses before the said 
 Masters, the JNIasters may in the Matter of any Lunatic or alleged Lunatic compel 
 by Summons the Attendance of any Per.son to give Evidence before them, whether 
 such Pei'son has or has not previously given Evidence by Affidavit ; and every Per- 
 son so summoned shall be bound to attend as required by the Summons, and give 
 Evidence before the said Masters in like Manner as is provided by the Sixtieth 
 Section of the said Act in the Case of Persons who have given Evidence by Affi- 
 davit. 
 
 Visiting. 
 
 Duties of Visitors. 
 
 And with respect to the visiting of Lunatics, be it enacted as follows : 
 lit. It shall be the Duty of the Visitors to visit Persons of unsound Mind 
 within tlie Meaning of this Act at such Times and in such Potation and Manner, 
 and to make such Inquiries and Investigations as to their Care and Treatment and 
 mental and bodily Health, and the Arrangements for their Maintenance and Com- 
 fort, iind otherwise respecting them, as the Lord Chancellor shall by General 
 Orders, or as the Lord Chancellor intrusted as aforesaid shall by Special Order in 
 any particular C'use from Time to Time direct. 
 
 A II Lunatics to he visited Four Times a Year. 
 
 20. Provided always. That from and after the First Day of October next every 
 Lunatic shall be [leisonally visited and sten by One of the said Visitors Four Times 
 at least in every Year, and such Visits shall be so regulated as that the Interval 
 between successive Visits to any such Lunatic shall in no Case exceed Four 
 Months : Provided always, that Lunatics who are resident in licensed Houses, 
 Asylums, or registered Hospitals shall not necessarily be visited by any of the said 
 Visitors more than once in the Year, unless the Lord Chancellor intiusted as afore- 
 said siiall otherwise direct. 
 
 Visitors also to visit alleged Lunatics, and make a Report, <tc. to the 
 Lord Chancellor. 
 
 21. The Visitors shall also visit such Persons alleged to be insane, and shill 
 make such InqiiiTies and Reports in reference to them as the Lord Chancellor in- 
 trusted as aforesaid may direct, and at the Expiration of every Six Calendar Months 
 they shall report to the Lord Chancellor the Number of Visits which they shall have
 
 APPENDIX. 291 
 
 made, tbe Number of Patients they shall have seer, and the Number of Miles they 
 shall have travelled during such Months, and shall on the First Day of January in 
 each Year make a Return to the Lord Chancellor of all Sums received by them for 
 travelling Expenses, or upon any other Account ; and a Copy of such Reports, 
 showing the Number of Visits made, the Number of Patients seen, and the Number 
 of Miles travelled, and also a Copy of such Return of Sums received for travel- 
 ling Expenses, or upon any other Account, shall be laid before Parliament on or 
 before the First Day of February in each Year, if Parliament be then sitting, and 
 if not, within Twenty-one Days next after the Commencement of the next Session 
 of Parliament. 
 
 Sections 104 and 105 of 16 tfc 17 Vict. c. 70. repealed. 
 
 22. Sections One hundred and four and One hundred and five of the said Act 
 (which Sections relate to the visiting of Lunatics) are hereby repealed. 
 
 Officers in Lunacy. 
 
 Power to the Lord Chancellor to allow Pensions to present Vidtors, 
 if desirous of retiring, 
 
 23. The Lord Chancellor may, if he shall so think fit, on a Petition presented 
 to him for that Purpose, order Annuities, not exceeding One Half of their respec- 
 tive Salaries, to be paid to the present Medical Visitors or either of them, in case 
 they or either of tiiem shall be desirous of retiring from tbe Offices held by them, 
 they having already attained the respective Ages of Seventy-eight and Eiuhty-one 
 Years, and having served as such Medical Visitors for Twenty-eight and Twenty 
 Years respectively. 
 
 Visitors to hold Office during good Behaviour. Visitors to receive Salaries, 
 but not to practise in their Professions. 
 
 24. The Medical Visitors to be hereafter appointed and the Legal Visitor shall 
 hold their Offices during their good Behaviour, but may be removed therefrom by 
 the Lord Chancellor in Case of Misconduct or Neglect in the Discharge of their 
 Duties, or of their being disabled from ))erforming the same, and they shall receive 
 Salaries of Fifteen hundred Pounds each, and shall not be in any way engaged in 
 the Practice of their respective Professions. 
 
 Clerics to the Visitc/rs. 
 
 25. Such Clerks to the Visitors may from Time to Time be appointed by the 
 Lord Chancellor and at such Salaries as the Lord Chancellor, with the Approba- 
 tion of the Commissioners of Her Majesty's Treasury, shall from Time to Time 
 direct : So much of Section Twenty-three of the said Act as refers to the Clerk of 
 the Secretary to the said Visitors is hereby repealed. 
 
 Superannuation A llowances to Officers in Lunacy. 
 
 26. The Lord Chancellor mav, if he sliall so think fit, order to be paid to anj' 
 Ofiicer who has served for Twenty Years in any Office or Offices in Lunacy, and 
 who shall be above Sixty Years of Age and shall be desirous of retiring, or who is 
 disabled by permanent Infirmity from the Performance of his Duties, such Super- 
 annuation Allowance not exceeding Two Tliirds of the Salary payable to sucii 
 Officer or Person at the Time of his Resignation, as the Lord Chancellor, with the 
 Approbation of the Commissioners of Her Majesty's Treasury may approve. 
 
 Payment of Pensions and Salaries. 
 
 27. All Annuities and Salaries ordered to be p lid in pursuance of this A -t sh.^H 
 be payable out of" The Suitors Fee Fund Account" mentioned in the said Act, 
 and at the Times and in the Manner directed by the Twenty-fifth Sectiou of the 
 said Act. 
 
 U2
 
 292 APPENDIX. 
 
 Registrar to hold Office during good Behaviour. 
 
 28. The Registrar in Lunacy shall hold his Office during good Behaviour, 
 and may be removed therefrom by the Lord Chancellor in case of Misconduct 
 or Neglect in the Discharge of his Duties or his being disabled from performing 
 the same. 
 
 Okders. 
 
 Office Copies of Orders to he acted upon by Accountant General and others. 
 
 And with respect to Orders in Lunacy, be it enacted as follows : 
 
 29. The Accountant General and all other Persons, and the Governor and Com- 
 pany of the Bank of England, shall act upon all Office Copies of Orders in Lunacy 
 purporting to be signed by the Registrar in Lunacy, and sealed with the Seal of his 
 Office, in the same Manner as such Persons are by Section One hundred and one 
 of the said Act required to act upon Office Copies of Reports confirmed by Fiat. 
 
 ANNO VICESIMO QUINTO & VICESIMO SEXTO 
 VICTOEI^ BEGINS. 
 
 CAP. CXI. 
 
 An Act to amend the Law relating to Lunatics. 
 
 [7th August 18G2.] 
 
 WHEREAS it is expedient to amend the Law relating to Lunatics, other than 
 those found Lunatics by Inquisition, or Lunatics convicted of Crime, or 
 acquitted on the Ground of Insanity : Be it enacted by the Queen's most Excellent 
 Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, 
 and Commons, in this present Parliament assembled, and by the Authoi-ity of the 
 same, as follows ; (that is to say,) 
 
 Preliminary. 
 Interpretation of Terms. 
 
 1. In the Construction and for the Purposes of this Act (if not inconsistent 
 with the Context or Subject Matter) the following Terms shall have the respective 
 Meanings hereinafter assigned to them ; that is to say, 
 
 '• Lunacy Act, Chapter One hundred, " shall mean an Act passed in the Session 
 holden in the Eighih and Ninth Years of the Reign of Her present Majesty, 
 Chapter One hundred, and miiinXe^i An Act for the Regulation of the Care 
 and Treatment of Lunatics : 
 
 "Lunacy Act, Chapter Ninety-six," shall mean an Act passed in the Session 
 holden in the Sixteenth and Seventeenth Years of the Reign of Her present 
 Majesty, Chapter Ninety-six, intituled An Act to amend an Act passed, in the 
 Ninth Year of Her Majesty, for the Regulation of the Care and Treatment 
 of Lunatics : 
 
 " Lunacy Act, Chapter Ninety-seven," shall mean an Act passed in the Session 
 holden in the Sixteenth and Seventeenth Years of the reign of Her present 
 Majesty, Cliapter Ninety-seven, intituled An Act to consolidate and amend 
 the Laws for the Provision and Regulation of Lunatic Asylums for Counties 
 and Boroughs, and for the Maintenance and Care of Fauper Lunatics, in 
 England : 
 
 "The Lunacy Acts" shall include the Three Acts above mentioned and this 
 Act : 
 
 "Asylum" shall have the same meaning as it has in the Lunacy Act, Chapter 
 Ninety-seven : 
 
 " Registered Hospital" shall mean any Hospital registered for the Reception of 
 Lunatics.
 
 APPENDIX. 29'i 
 
 Construction of Art. 
 
 2. This Act shall be construed as One Act with the Lunacy Acts, Chapters 
 One hundred, Ninety-six, and Ninety-seven, and Words defined by the said Acts or 
 any of them shall have the same Meaning in this Act. 
 
 Short Title. 
 
 3. This Act may be cited for all Purposes as the " Lunacy Acts Amendment 
 Act, 1862." 
 
 Establishment of County Asylums. 
 
 Plans, dkc. of Visitors, when not approved by the Quarter Se.isions, to he 
 submitted to Secretary of State. 
 
 4. Whereas by Section Thirty-one of the Lunacy Act, Chapter Ninety-seven, it 
 is provided, " that the suid Visitors shall from Time to Time make their Report to 
 the General or Quarter Sessions of the County or Borough, Counties or Boroughs, 
 for which they (or such of them as have not been elected by Subscribers, as therein 
 mentioned,) have been elected, of the several Plans, Estimates, and Contracts which 
 have been agreed upon, and of the Sum or Sums of Money necessary to be raised 
 and levied for defraying the Purchase INIonies and Exi)enses thereof on the County 
 or Borough, or, in the Case of such Union as therein mentioned, on each or every 
 of the Counties or Boroughs ; which Plans, Estimates, and Contracts shall be sub- 
 ject to the Approbation of the C'ourt or Courts of Ceneral or Quarter Sessions of 
 such County or Counties, and of the Justices of such Borough or Boroughs, before 
 the same are completed or carried into execution " (save in the Case therein men- 
 tioned) : 
 
 Where a Plan, Estimate, or Contract agreed upon by any Committee of Visitors 
 on behalf of a Union of Counties, or of a Union of Counties and Boroughs, is dis- 
 approved of by One or more but not all of the Courts of General or (Quarter Sessions, 
 or other Bodies of Justices whose Approbation is required, in pursuance of the said 
 Enactment, each Court of General or Quarter Sessions or Body of Justices 
 disapproving of the same shall, within Four Months after such Plan, Estimate, or 
 Contract is reported to them, or where the same has been reported to them before 
 the passing of this Act, then within One Month after the holden of the first Court 
 of General or Quarter Sessions of the County or the First Meeting of the Justices 
 of the Borough after the passing of this Act, as the Case may be, set forth their 
 Objections, with any Observations they may thiuk fit in relation thereto, in a 
 Report in Writing, and forthwith transmit the same to One of Her Majesty's 
 Principal Secretaries of State, and the Secretary of State shall cause such Inquiries 
 to be made in relation to the Matter as he may deem proper, and shall by Writing 
 under his Hand direct the Plan, Estimate, or Contract in question, with or without 
 any Alteration therein, or sucli other Plan, Estimate, or Contract, for the like 
 Purpose as he may think fit, to be proceeded with and carried into execution. 
 
 The Decision of the Secretary of State, given in pursuance of this Section, shall 
 be final, and shall be acted upon without further Report or Approval. 
 
 Estimates to accompany Plans. 
 
 5. Together with every Plan for building, or providing or enlarging or im- 
 proving, any Asylum for Pauper Lunatics, which is to be submitted to the Com- 
 missioners in Lunacy, under Section Forty-five of the said Lunacy Act, Chapter 
 Ninety-seven, an Estimate of the Cost and Expense of carrying such Plan into 
 execution shall be also submitted to the said Commissioners. 
 
 Excess of Payment may be paid to a Buildinfj and Repair Fund. 
 
 6. Where the Committee of Visitors enter into any Agreement for the Recep- 
 tion into the County Asylum of Pauper Lunatics belonging to a County or 
 Borough which has not contributed to the erecting or providing such Asylum, and 
 think tit under the Lunacy Act, Chapter Ninety-seven, Section Filty-four, to fix 
 a greater weekly Sum than is charged by them in respect of Lunatics sent from or
 
 294^ APPENDIX. 
 
 settled in some Place Parisb, or Borough which has contributed to the building or 
 providiiigsuch Asylum, tliey may, if they think fit, pay over the Excess created by the 
 Payment of such greater weekly Sura to a Building and Repair Fund, to be applied 
 by them to the altering, repairing, or improving such Asylum, and shall annually 
 submit to the General or Quarter Sessions a detailed Statement of the Manner iu 
 which such Fund has been expended. 
 
 Provision as to Contract for Reception oj Lunatics. 
 
 7. Where any Contract has been made by a Committee of Visitors of any 
 County or Borough under the Lunacy Act, Chapter Ninety-seven, Section Forty- 
 two, for the Reception into any Asylum, Hospital, or licensed House of the whole 
 or a Portion of the Pauper Lunatics of such County or Borough, it shall be law- 
 ful for the Justices of such County or Borough, so long as such Contract is sub- 
 sisting, to defray out of the County or Borough Rate so much of the weekly 
 Charge agreed upon for each Pauper Lunatic received therein as may, in the 
 Opinion of such Committee of Visitors, represent the Sum due for the Use of such 
 Asylum, Hospital, or licensed House, not exceeding, however, One Fourth of the 
 whole of such weekl}' Charge, in exoneration to that Extent of the Union to which 
 the Maintenance of any such Pauper Lunatic may be chargeable. 
 
 Provision for Care of chronic Lunatics. 
 
 8. It shall be lawful for the Visitors of any Asylum and the Guardians of any 
 Parish or Union within the District for which the Asylum has been provided, if 
 they shall see fit, to make Arrangements, subject to the Approval of the Com- 
 missioners and the President of the Poor Law Board, for the Reception and Care 
 of a limited Number of chronic Lunatics in the Workhouse of the Parish or Union, 
 to be selected by the Superintendent of the Asylum, and certified by him to be fit 
 and proper so to be removed. 
 
 Lunatics in Asylum. 
 
 9. The Committee of Visitors of any Asylum may provide Accommodation for 
 the Burial of Pauper Lunatics dying in the Asylum by acquiring a new Burial 
 Ground, or by enlarging any existing Burial Ground ; they may purchase for the 
 Purposes aforesaid any Land, and may grant any Land when purchased, or any 
 Land already belonging to them, to any Person or Body of Persons, to be held on 
 trust for a new Burial Ground or as Part of an existing Burial Ground, or they 
 may themselves hold such Land on trust as a new Burial Ground or as Part of an 
 existing Burial Ground ; they may also contribute any Sums of Money to any 
 Person or Body of Persons on condition of such Pei'son or Body of Persons agreeing 
 to provide Accommodation for the Burial of such Paupers as aforesaid in any 
 Burial Ground ; they may also take Steps for the Consecration of any new Burial 
 Ground or enlarged Burial Ground, or any Part thereof, and in the Case of a new 
 Burial Ground they may provide for the Appointment of a Chaplain therein ; they 
 may enter into any Agreements necessary for carrying into eifect the Powers con- 
 ferred by this Section, but the Exercise of such Powers shall be subject to the 
 Restrictions following : 
 
 Firstly, That not more than Two Statute Acres shall in the Case of any One 
 Asylum be purchased or granted as a new Burial Ground, or for an Enlarge- 
 ment of an existing Burial Ground : 
 Secondly, That the Sanction of the Court of General or Quarter Sessions and 
 of One of Her Majesty's Principal Secretaries of State shall be given to any 
 Plan that may be proposed by any Visitors for carrying into effect this 
 Section. 
 All Expenses incurred by any Visitors in providing Accommodation for the 
 Burial of Pauper Lunatics, in pursuance of this Act, shall be deemed to be Monies, 
 Costs, and Expenses payable for the Purposes of the Lunacy Act, Chapter Ninety- 
 seven, and may be defrayed accordingly. 
 
 8 <f; 9 Vict. c. 18. incorporated. 
 
 10. All the Provisions of "The Lands Clauses Act, 1845," except the Pro-
 
 APPENDIX. 20-5 
 
 visions of that Act "with respect to the Purchase and takinj^ of any Lards other- 
 wise than by Agreement," " witli respect to the Ilecovcryo! Forfeitures, Penalties, 
 and Costs," "with respect to Lands acquired by the Promoters of the Undertaking, 
 under the Provisions of the Lands Chiuses Consolidation Act, 1845, or the Special 
 Act, or any Act incorporated therewith, but which shall not be reijuired for the 
 Purposes thereof," "and with respect to the Provision to be made for affoniing 
 Access to the Special Act by all Parties interested," shall be incorporated with this 
 Act; jind for the Purposes of this Act the Expression "the Promoters of the Un- 
 dertaking," wherever used in the said Lands Clauses Consolidation Act, shall mean 
 any such Committee of Visitors as aforesaid. 
 
 Taking on Lease additional Lands for Use of A sylum. 
 
 l\. It shall be lawful for any Committee of Visitors, with tlie Sanction of the 
 Court of General or (Quarter Sessions, to hire or take on Lease, from Year to Year 
 or for any Term of Years, at such Kent, and upon such Terms, and under such 
 Covenants as they think tit, any Land or Buildings, either for the Employment or 
 Occupation of the Patients in the Asylum, or for the temporary Accommodation of 
 any Pauper Lunatics for whom the Accommodation in the Asylum may be 
 inadequate. 
 
 The Restrictions in Section Thirty-three of the Lunacy Act, Chapter Ninety- 
 seven, as to the Term for which the Committee of Visitors are thereby authmized 
 to take a Jjease, or to rent Land, shall uot apply to Land or Buildings to be hired 
 or taken under this Provision. 
 
 The Land and Buildings so to be hired or taken shall, while used for the Purposes 
 of this Section, be deemed Part of the Asylum, and all existing Provisions as to 
 the Asylum or Part of the Asylum shall be applicable thereto accordingly. 
 
 Superannuation of Officers in Asylum. 
 
 12. The Power vested in the Visitors of an Asylum of granting an Annuity by 
 way of Superannuation to any Person that ha-< been an Otticer or Servant in such 
 Asylum for uot less than Twenty Years, under Section Fifty seven of the Lunacy 
 Act, Chapter Ninety-seven, may be exercised by them when any such Person has 
 been an Officer or Servant for not less than Fifteen Y^ears, in the same Manner as 
 if the Time of such Service had been Twenty Years ; and in calculating tlie Amount 
 of Superannuation regard may be had, if the Visitors think fit, to the Value of the 
 Lodgings, Rations, or other Allowances enjoyed by the Person superannuated : 
 Provided, that no Annuity by way of Superannuation granted by tlie Visitors of 
 any Asylum under the Provisions of this Act, or of the Lunacy Act, Chapter 
 Ninety-seven, shall be chargeable on or payable out of the Rates of any County 
 until such Annuity shall have been confirmed by a Kesoluliou of the Justices of 
 such County in General or Quarter Sessions assembled. 
 
 Provision for Superannuation of Matrons. 
 
 13. Where the Offices of Superintendent and Matron of any Asylum are held 
 by Man and Wife, and an Order has been made under the Lunacy Act, Chapter 
 Ninety-seven, granting an Annuity by way of Superannuation to the Superin- 
 tendent, it shall be lawful for the Committee of Visitors of such Asylum, if they 
 think fit to do so, and if the Matron has been an Officer in the Asylum for not 
 less than Twenty Y^ears, to grant to her such Annuity by way of Superannuation 
 as they in their Discretion think proportionate to her Merits and Time of Service, 
 although she may not have become incapable of executing her Office from Sickness, 
 Ace, or Infii mity ; and every Annuity granted in pursuance of this Section shall 
 be^pavable out of the Rates lawfully applicable to the building or repairing of such 
 Asylum : Provided, firstly, that the annual Amount by way of Superannuation 
 paid to any Matron under this Section shall not exceed Two Thirds of the Salary 
 payable at the Time of her Retirement ; secondly, that no such Superannuation 
 shall be granted unless Notice of the Meeting at which the same is to be granted, 
 and of the Intention to determine thereat the Question of such Superannuation, 
 have been given in such Manner and so long before the Time appointed for such
 
 296 APPENDIX. 
 
 Meeting as is provided in the saiii Act with respect to Notices of Meetings of 
 Committees of Visitors, nor unless Three Visitors concur in and sign tUe Order 
 granting the same ; thirdly, if any such Matron as aforesaid at any Time there- 
 after is appointed to any Public OflSce, or to any Office under the Lunacy Act, in 
 i-espect of which she receives a Salary, the Payment of the Compensation awarded 
 to her under this Act shall be suspended so long as she receives such Salary, if the 
 Amount thereof is greater than the Amount of Compensation, or, if not, shall be 
 dimmished by the Amount of such Salary. 
 
 Licensed Houses. 
 Inspection by Commissioners before Licence granted by Justices. 
 
 14. Before the Grant by the Justices of a Licence for the Reception of Lunatics 
 to a House which has not been previously licensed for that Purpose, the Notice 
 given by the Applicant, and the Plan and Statements accompanying the same, or 
 Copies of such Notice, Plan, and Statements respectively, shall be transmitted by 
 the Applicant to the Commissioners, and the Commissioners shall inspect or cause 
 to be inspected the House and Land or Appurtenances proposed to be included in 
 the Licence, and shall ascertain, with reference as well to the Situation as to the 
 Structure, Arrangements, and Condition of the Premises, whether the same are 
 suitable for the Reception of the Patients proposed to be received therein, and the 
 Commissioners shall transmit to the Clerk of the Peace for the County or BorougH 
 a Report in reference to such Application ; and no Licence shall be granted by the 
 Justices of the County or Borough, in pursuance of such Application, until the 
 Report of the Commissioners with reference thereto has been received by the said 
 Clerk of the Peace, and taken into consideration by the Justices in General or 
 Quarter or Special Sessions assembled. 
 
 Where a Licence is granted by the Justices of a County or Borough in 
 respect of a House not previously licensed, such Licence shall, as nearly as 
 conveniently may be, be according to tlie Form in the Schedule marked A. to 
 this Act, instead of in the Form prescribed by the Lunacy Act, Chapter One 
 hundred. 
 
 Notice of Alterations tobe given to the Commissioners. 
 
 15. Before the Consent of any Visitors is given to any Addition or Alte- 
 ration being made in or about any licensed House, or the Appurtenances, the 
 Notice of the proposed Addition or Alteration, and Plan thereof, and accom- 
 panying Description given to the Clerk of the Peace, or Copies thereof 
 respectively, shall be transmitted by him to the Commissioners, who shall, 
 after making or causing to be niafle such Inquiries or Inspection (if any) as 
 they may deem proper, transmit to the said Clerk of the Peace a Report stating 
 their Approval or Disapproval thereof ; and the Visitors shall not consent to such 
 Addition or Alteration until they have received and considered such Report. 
 
 Provision as to non-resident Proprietors. 
 
 16. Whereas by the Second Section of the Lunacy Act, Chapter Ninety-six, it 
 is enacted, " that no Person having, after the passing of the Lunacy Act, Chapt er 
 One hundred, received for the First Time a Licence for the Reception of Lunatics, 
 or thereafter receiving for the First Time such Licence, shall receive a Licence 
 unless he resides on the Premises licensed, and no Two or more Persons having, 
 after the passing of the last- mentioned Act, received for the First Time a joint 
 Licence for the Reception of Lunatics, or thereafter receiving for the First Time 
 such joint Licence, shall receive such Licence unless they or One of them should 
 reside on the Premises licensed :" And whereas it is expedient that in the licensed 
 Houses to wiiich the said Section does not apply, by reason of the Proprietor or 
 Proprietors thereof having first received a Licence prior to the Date mentioned in 
 the said Section, the following Provision shall be made : Be it enacted. 
 
 That in all Cases of licensed Houses, where the Proprietor or Proprietors 
 thereof have first received their Licence or Licences before the Date of the
 
 APPENDIX. 21)7 
 
 passing of the Lunacy Act, Chapter One hundred, the Physician, Surgeon, or 
 Apothecary required by Act of Parliament to reside in or visit such House shall be 
 approved, in the Case of a House licensed by the Commissioners, by the Commis- 
 sioners, and in the Case of a House licensed by Justices, by the Justices ; and 
 any Proprietor of a licensed House to which this Section applies who permits any 
 Physician, Surgeon, or Apothecary who has not been approved by the Commis- 
 sioners, or by the Justices, as the Case may be, to reside in or visit at such House 
 in such Capacity as aforesaid for a Period exceeding One Calendar Month, shall 
 incur a Penalty not exceeding Five Pounds for every Day beyond such Month 
 during which such Physician, Surgeon, or Apothecary so resides or visits ; the 
 abv.ve-nientioned Pt-riod of One Month shill be reckoned in the Case of a Physi- 
 cian, Surgeon, or Apothecary so resident or visiting at the Time of the passing of 
 this Act from the Date of the passing thereof, and in the Case of any fresh 
 Appointment of any such Physician, Surgeon, or Apothecary as aforesaid from 
 the Date of such Appointment. 
 
 Penalty on infringing Terms of Licence. 
 
 17. If any Person empowered by Licence issued under the Lunacy Act, Chapter 
 One hundred, to employ his House and Premises for the Reception of Lunatics 
 receives into his House any Patients beyond the Number specified in his Licence, 
 or fails to comply with the llegulations of his Licence in respect of the Sex of 
 the Patients to be received, or the Class of Patients, whether Private or not, to be 
 received, he shall, in respect of each Patient received in contravention of his 
 Licence, incur a Penalty not exceeding Fifty Pounds. 
 
 Extension of Potvers to take Boarders in Houses. 
 
 18. It shall be lawful for the Proprietor or Superintendent of any licensed 
 House, with the previous Assent in Writing of Two or more of the Commissioners, 
 or in the Case of a House licensed by Justices of Two or more of the Visitors, to 
 entertain and keep in such House as a Boarder for such Time as may be specified 
 in the Assent any Person who may have been within Five Years immediately 
 preceding the giving of such Assent a Patient in any Asylum, Hospital, or licensed 
 House, or under Care as a single Patient. 
 
 Admission and Visitation of Patients. 
 Provision for sending Pauper Lunatics to A sylums. 
 
 1 9. Whereas by the Sixty-seventh Section of the Lunacy Act, Chapter Ninety- 
 seven, it is amongst other thin-js enacted as follows: "That every Relieving 
 Officer of any Parish within a Union or under a Board of Guardi:iDS, and every 
 Overseer of a Parish of which there is no Relieving Officer, who shall have Know- 
 ledge either by such Notice or otherwise that any Pauper resident in such Parish 
 is or is deemed to be a Lunatic and a proper Person to be sent to an Asylum, shall 
 within Three Days after obtaining such Knowledge give Notice thereof to some 
 .Justice of the County or Borough within which such Parish is situate :" Now be 
 it enacted, That the said Section shall be construed as if the Words "and a proper 
 Person to be sent to an Asylum" had been omitted in the said recited Enactment. 
 
 Lunatics proper to be sent to Asylums. 
 
 20. No Person shall be detained in any Workhouse, being a Lunatic or alleged 
 Lunatic, beyond the Period of Fourteen Days, unless in the Opinion, given in 
 Writing, of the Medical Officer of the Union or Parish to which the Workhouse 
 belongs such Person is a proper Person to be kept in a Workhouse, nor unless the 
 Accommodation in the Workhouse is sufficient for his Reception, and any Person 
 detained in a Workhouse in contravention of this Section shall be deemed to be a 
 proper Person to be sent to an Asylum within the Meaning of Section Sixty-seven 
 of the Lunacy Act, Chapter Ninety-seven ; and in the event of any Pei-son being 
 detained in a Workhouse in contravention of this Section, the Medical Officer shall
 
 298 APPENDIX. 
 
 for all the Purposes of the Lunacy Act, Chapter Ninety-seven, be deemed to have 
 Knowledge that a Pauper resident wiihia his District is a Lunatic, and a proper 
 Person to be sent to an Asylum, and it shall be his Duty to act accordingly, and 
 further to sign such Certificate as is contained in Schedule F. to the said Act, No. 3, 
 with a view to more certainly securing the Reception into an Asylum of such 
 Pauper Lunatic as aforesaid. 
 
 Amendment of Fcn'm of List as respects Pauper Lunatics in WorJcJiouses. 
 
 21. The List of Lunatic Paupers required by Section Sixty-six of the Lunacy 
 Act, Chapter Ninety-seven, to be made out by the Medical Officer, shall be in the 
 Form in the Schedule marked B. hereto, and not in the Form required by the said 
 Section, wnd shall, as respects such of the Lunatics therein mentioned as may be 
 in any Workhouse, state whether, in the Opinion of the Medical Officer, the Work- 
 house is or not sufficient for the Accommodation of the Lunatics detained therein, 
 and whether or not the Lunatics detained therein are proper Persons to be kept in 
 a W^orkhouse. 
 
 Order for Reception and Medical Visitation of Persons found lunatic by 
 Inquisition. 
 
 22. When a Person has been found lunatic by Inquisition an Order, signed by 
 the Committee appointed by the Lord Chancellor, and having annexed thereto an 
 Office Copy of the Order appointing such Committee, shall be a sufficient Authority 
 for the Reception of such Person into any Asylum, Hospital, licen.«ed House, or 
 other House, without any further Order or any such Medical Certificates as are 
 required by Section Ninety of the Lunacy Act, Chapter One hundred, and Section 
 Four and Flight of the Lunacy Act, Chapter Ninety-six, and the Provisicms of the 
 Section Ninety of the Lunacy Act, Chapter One hundred, as to the Visitation of 
 every single Patient once in every Two Weeks by a Physician, Surgeon, or 
 Apothecary, shall not apply to any Person found lunatic by Inquisition as afore- 
 said. 
 
 Persons signing Orders for Admission to have seen Patient within One Month. 
 
 23. No Order for the Reception of a Private Patient into any Asylum or 
 registered Hospital, licensed or other House, made in pursuance of the Lunacy 
 Acts, Chapteis Ninety-six and Ninety-seven, or either of them, shall authorize the 
 Reception of such Patient after the Expiration of One Calendar Month from its 
 Date, nor unless the Person subscribing such Order has himself seen the Patient 
 ■within One Month prior to its Date, nor unless a Statement of the Time and Place 
 when such Person last saw the Patient is added to such Order. 
 
 Certain Persons prohibited from signing Orders for A dmission. 
 
 24. The following Persons shall be prohibited from signing any Certificate or 
 Order for the Reception of any Private Patient into any licensed or other Hou&e : 
 
 First, Any Person receiving any Per-centage on or otherwise interested in the 
 Payments to be made by or on account of any Patient received into a 
 licensed or other House : 
 
 Second, Any Medical Attendant as defined by the Lunacy Act, Chapter One 
 hundred. 
 
 Relative of Paupier to be named in Order of A dmission. 
 
 25. Where an Order is made, in pursuance of the Lunacy Acts or any of them, 
 for the Reception of any Private or Pauper Lunatic into any Asylum, registered 
 Hospital, or licensed House, there shall be inserted in every such Order, wherever 
 it be possible, the Name and Address of One or more of the Relations of the 
 Lunatic ; and in the event of his Death it shall be the Duty of the Clerk of such 
 Asylum, the Superintendent of such Hospital, and the Proprietor or Superintendent 
 of such licensed House, to send by Post Notice of his Death in a prepaid Letter 
 addressed to such Relation or One of such Relations.
 
 APPENDIX, 299 
 
 Same Order and Certificates to justify Detention as Pauper of Private Patient. 
 
 26. The Order and Certificate required by Law for the Detention of a Patient as 
 a Pauper shall extend to authorize his Detention, altliough it may afterwards ajjpear 
 tbat he is entitled to be classified as a Private Patient ; and the Order and Certi- 
 ficates require<i by Law for the Detention of a Patient as a Private Patient shall 
 authorize his Detention, although it may afterwards appear that he ought to be 
 classified as a Pauper Patient. 
 
 Provision as to defective Certificates. 
 
 27. "Where any Medical Certificate upon which a Patient has been received 
 into any Asylum, registered Hospital, licensed or other House, or either of such 
 Certificates, is deemed by the Commissioners incorrect or defective, and the same 
 are or is not duly amended to their Satisfaction witliin Fourteen Days after the 
 Reception by the Superintendent or Proprietor of such Asylum, rei^istered Hos- 
 pital, or licensed or other House of a Direction or Writing from tiie Commissioners 
 requiring Amendment of the same, the Comrais-sioners or any Two of them may, 
 if they see fit, make an Order for the Patient's Discharge. 
 
 Transmission of Documents to Commissioners on A dmission of Patient. 
 
 28. The Documents required by the Lunacy Act, Chapter One hundred, 
 Sections Fifty-two anl Ninety, and the Lunacy Act, Ch.ipter Ninety-seven, 
 Section Eighty-nine, to be sent to the Commissioners in Lunucy, after Two clear 
 Days, and before the Expiratiun of Seven clear D.iys from the Day on which any 
 Private Patient has been received into any licensed House, registered Hospital, 
 or Asylum, shall, with the E.xception of the Statement now required to be sub- 
 joined to the Notice of Admission into any Asylum, Hospital, or licensed House, 
 be transmitted to the said Commissioners within One clear Day from the Day on 
 which any Patient has been received into any such House, Hospital, or Asylum as 
 aforesaiil, and the said Sections shall, so far as relates to the said Documents, other 
 than the said Statement, be construed as if the Words "One clear Day" were 
 substituted therein for the Words "after Two clear Days, and before the Expira- 
 tion of Seven clear Days ;" nevertheless the said excepted Statement shall be 
 transmitted as heretofore, save that it shall be separate from the said Notice, and 
 shall refei- to the Order of Admission by the Date thereof, instead of referring to 
 it as the above Notice, and the Words referring to the said Statement as being 
 subjoined shall be omitted in the said Notice. 
 
 Visits by Commissioners. 
 
 29. Every licensed House may be visited at any Time, and, if situate within 
 their immediate Jurisdiction, shall be visited Twice at least in every Year by any 
 One or more of the Commissioners, in addition to the Visits now required to be 
 made bj' Two at least of the Commissioners ; and if not within ihe immediate 
 Jurisdiction of the Commissioners, may be visited at any Time, and shall be 
 visited twice at least in every Year by One or more of the Visitors, in addition to 
 the Visits now required to be made by Two at least of the Visitors. 
 
 Every Commissioner visiting alone shall have the same Powers as Two Com- 
 missioners would have under Section Sixty-one of the Lunacy Act, Chapter One 
 hundred ; and all the Provisions of the said Act contained in Sections Sixty- three. 
 Sixty-four, Sixty-five, Sixty-six, and Sixty-seven shall apply to a Commissioner 
 or Visitor visiting alone, as the Case may be, in the same Manner as they would 
 apply under the said Act to Two or more Commissioners or Two or more Visitors 
 visiting together. 
 
 Single Commissioner to Visit Asylums and Gaols. 
 
 30. Any One or more of the Commissioners may at any Time visit every 
 Asylum and Hospital for Lunatics, and every Gaol in which there may be, or 
 alleged to be, any Lunatic, in addition to the Visits now required or empowered to
 
 300 APPENDIX. 
 
 be made by Two at least of the Commissioners, and every Commissioner so visiting 
 alone shall have the same Powers as Two or more Commissioners would perform 
 and have, in the Case of an Asylum or Gaol, in pursuance of the One hundred 
 and tenth Section of the Lunacy Act, Chapter One hundred, and in the Case of 
 a Hospital in pursuance of Section Sixty- one of the Lunacy Act, Chapter One 
 hundred. 
 
 Power to remove Lunatic from WorTchouse to Asylum. 
 
 31. Where upon the Visitation of any Workhouse by any Two or more of the 
 Commissioners in Lunacy it appears to them that any Lunatic or alleged Lunatic 
 therein is not a proper Person to be kept in a Workhouse, they may by an Order 
 nnder their Hands direct such Lunatic to be received into an Asylum, and any 
 Order so made 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 under the Sixty-seventh 
 Section of the Lunacy Act, Chapter Ninety-seven : Provided always, that it shall 
 be lawful for the Guardians of the Union or Parish to which any Workhouse 
 belongs to appeal against such Order at any Time within One Calendar Month 
 from the making thereof to Her Majesty's Principal Secretary of State for the 
 Home Department, who shall thereupon exercise the Power given to him by 
 Section One hundred and thirteen of the Lunacy Act, Chapter One hundred, save 
 that he shall not appoint thereunder the Commissioners who made the Order 
 appealed against, or eiiher of them ; and the Order in the Matter of tbe Secre- 
 tary of State, made upon the Report of the special Visitation, shall be binding on 
 all Parties concerned. 
 
 Removal of single Pauper Patients to A sylums. 
 
 32. Any Two or more of the Commissioners in Lunacy may visit any Pauper 
 Lunatic or alleged Lunatic not in an Asylum, Hospital, licensed House, or Work- 
 house, and may, if they think fit so to do, call to their Assistance a Physician, 
 Surgeon, or Apothecary, and examine such Pauper : and if such Physician, 
 Surgeon, or Apothecary sign a Certificate with respect to such Pauper, according 
 to the Form in Schedule F. No. 3, annexed to the Lunacy Act, Chapter Ninety- 
 seven, and the Commissioners are satisfied that such Pauper is a Lunatic, and a 
 proper Person to be taken charge of and detained under Care and Treatment, they 
 may, by an Order under their Hands, direct such Lunatic or alleged Lunatic to be 
 received into an Asylum, and any Order so made shall have the same Effect, and 
 be obeyed by the same Persons, and subject tliem to the same Penalties in case of 
 Disobedience, as an Order made by a Justice for the Reception of a Lunatic into 
 an Asylum under the Sixty-seventh Section of the Lunacy Act, Chapter Ninety- 
 seven. 
 
 £fect of Order for Removal. 
 
 33. The Order made by any Two or more of the Commissioners in Lunacy in 
 pursuance of this Act may authorize the Admission of a Lunatic not only into any 
 Asylum of the County or Borough in which the Parish or Place from which the 
 Lunatic is sent is situate, but also into any other Asylum for the Reception of 
 Pauper Lunatics of such County or Borough, and also into any Asylum for any 
 ether County or 15orough, or any Hospital registered or House licensed for the 
 Reception of Lunatics, under the same Circumstances and subject to the same 
 Conditions under whicli an Order of tlie Justice or Justices may authorize such 
 Admission in pursuance of Section Seventy-two of the Lunacy Act, Chapter 
 Ninety-seven. 
 
 Statement of Condition of Pauper Lunatics to he transmitted to Guardians. 
 
 34. The Superintendent of every Asylum shall, once at the least in each Half 
 Year, transmit to the Guardians of every Union, and of every Parish under a 
 Board of Guardians, and the Overseers of every Parish not in a Union nor under 
 a Board of Guardians, a Statement of the Condition of every Pauper Lunatic 
 chargeable to such Union or Parish.
 
 APPENDIX. 301 
 
 Amendment of Sect. 64. 0/8 & 9 Vict. c. 100. 
 
 35. The Inquiries authorized to be made under Section Sixty-four of the 
 Luuacy Act, Chapter One liundreii, or under Section Ninety- two of tlie .same Act, 
 and the Provisions amending the same, may include Inquiries as to the Monies 
 paid tt) the Superintendent or Proprietor on account of any Lunatic under the 
 Care of such Superintendent or Proprietor. 
 
 Copies of Entries of Commissioners and Visitors. 
 
 36. The Proprietor of every licensed House within the Jurisdiction of Visitors 
 appointed by Justices shall, within Three Days after a Visit by the Visiting Cora- 
 U)i8sioners or Commissioner, transmit a true and perfect Copy of the Entries made 
 by them or him in the Visitors' Book, the Patients' Book, and the jMedical Visita- 
 tion Book, respectively, disliiiguishinL; the PJntries in the several Books, to the 
 Clerk of the Visitors as well as to the Commissioners, and the Copies so transmitted 
 to the Clerk of the Visitors of all such Entries in the Visitors' Book relating to 
 any such licensed House, and made since the Grant or last Renewal of the Licence 
 thereof, shall be laid before the Justices on taking into consideration the Renewal 
 of the Licence to the House to which such Entries relate ; ami every such Pro- 
 prietor as aforesaid who shall omit to transmit as hereinbefore mentioned a true 
 and perfect Copy of every or any such Entry as aforesaid shall ibr every such 
 Omission forfeit a Sum not e.\ceeding Ten Pounds. 
 
 Visiting Committee to enter Observations in a Booh respecting Dietary, A ccom- 
 modation, &c. of Lunatics in Workhouses. 
 
 37. The Visiting Committee of every Union, and of every Parish under a Board 
 of Guardians, and the Overseers of every Parish not in a Union nor under a Board 
 of Guardians, shall once at the least in each Quarter of a Year enter in a Book to 
 be provided and kept l>y the Ma.ster of the Workhuuse such Oi)Serv.itions as they 
 may think fit lo make respecting the Dietary, Accommodation, and Treatment of 
 the Lunatics or alleged Lunatics for the Time being in the Workhouse of their 
 Union or Parish, and the Book containing the Observations made in pursuance of 
 this Section by the Visiting Guardians or Overseers shall be laid by the Master 
 before the Commissioner or Commissioners on his or their next Visit. 
 
 Miscellaneous Clauses. 
 
 Patients may be permitted to be absent on Trial from Hospitals and 
 Private Houses. 
 
 38. Section Eighty-six of the Lunacy Act, Chapter One hundred, and Section 
 Seventeen of the Act Eighteenth and Nineteenth F/c^orm, Chapter One hundred 
 and five shall extend to authorize the Proprietor or Superintendent of any licensed 
 House or Hospital, with such Consent, and to be given on such Approval as 
 thereby required, to permit any Patient to be absent from such Hospital or House 
 upon Trial for such Period as may be thought fit : 
 
 Two of the Commissioners, as regards any Hospital or any licensed House, 
 and Two of the Committee of Governors of any Hospital, and Two of the V isiiors 
 of any licensed House, as regards any licensed House within the Jurisdiction of 
 Visitors, may of their own Authority permit any Pauper Patient therein to be 
 absent from such Hospital or House upon Trial for such Period as they may 
 think fit, and may make or order to be made an Allowance to such Pauper not 
 ex(;eedin<' what would be the Charge for liim in such Hospital or House, which 
 Allowance shall be charged for him and be payable as if he were actually in such 
 Hospital or House, but shall be paid over to him, or for his Benefit, as the said 
 Commissioners or Visitors may direct : 
 
 In case any Person so allowed to be absent on Trial for any Period do not 
 return at the Expiration thereof, and a Medical Certificate as to his State of Mind 
 certifying that his Detention as a Lunatic is no longer necessary be not sent to 
 the Proprietor or Superintendent of such licensed House or Hospiuil, he may at 
 any Time within Fourteen Days after the Expiration of the same Period be retaken 
 as in the Case of an Escape.
 
 302 APPENDIX. 
 
 Penalty on Officer conniving at the Escape of Lunatics. 
 
 39. If any Officer or Servant in any Hospital or licensed House through 
 wilful Neglect or Connivance permits any Patient to escape from such Hospital or 
 licensed House, or secretes or abets or connives at the Escape of any Patient from 
 such Hospital or licensed House, he shall for every such Offence incur a Penalty 
 not exceeding Twenty Pounds. 
 
 Correspondence of Private Patients. 
 
 40. Every Letter written by a Private Patient in any Asylum, Hospital, or 
 licensed House, or by any single Patient, and addressed to tlie Commissioners in 
 Lunacy or Committee, or in the Case of Houses within the Jurisdiction of Visitors 
 to the Visitors or any of them, shall, unless special Regulations to the contrary 
 have been given by such Commissioners or Visitors, be forwarded unopened. 
 
 Every Letter written by a Private Patient in any Asylum, Hospital, or 
 licensed House, or by any single Patient, and addressed to any Person other than 
 the Commissioners or Committee or Visitors or One of them, shall be forwarded to 
 the Person to whom it is addressed, unless the Superintendent in the Case of an 
 Asylum or Hospital, the Proprietor in the Case of a licensed House, and the 
 Person having the Charge of a single Patient in the Case of a single Patient, pro- 
 hibit the forwarding of such Letter, by Endorsement to that Effect under his 
 Hand on the Letter, in which Case he shall lay all Letters so endorsed before the 
 Visiting Commissioners, Committee, or Visitors, as the Case may be, on their next 
 Visit. 
 
 Any Superintendent, Proprietor, or Person in charge of a single Patient failing 
 to comply with the Provisions of this Section as to laying any Letter before the 
 Commissioners or Committee or Visitors that is not forwarded to the Address of 
 the Peison to whom it is directed, or being privy to the Detention by any other 
 Person of any Letter detained in contravention of this Section, shall incur a Penalty 
 not exceeding Twenty Pounds in respect of each Offence ; and any Person detaining 
 any Letter in contravention of this Section shall incur, in respect of each Letter so 
 detained, a Penalty not exceeding Twenty Pounds. 
 
 Statement as to Condition of single Patients. 
 
 41. Every Person having the Care or Charge of a single Patient shall in addition 
 to the Notice required to be given by the Ninetieth Section of the Lunacy Act, 
 Chapter One hundred, before the Expiration of Seven clear Days from the Day on 
 which he has taken the Patient under his Care or Charge, transmit to the Commis- 
 sioners a Statement of the Condition of the Patient, according to the Form in 
 Schedule F. annexed to the said last-mentioned Act, such Statement to be signed 
 by the Physician, Surgeon, or Apothecary visiting the Patient in pursuance of the 
 Ninetieth Section of the Lunacy Act, Chapter One hundred. 
 
 If any Person having the Care or Charge of a single Patient fails to transmit 
 such Statement as aforesaid within such Time as is required by this Section he 
 shall be guilty of a Misdemeanor. 
 
 Commissioners empowered, to prescribe Forms, &c. of Medical Visitation Boole. 
 
 42. In the Case of single Patients the Commissioners may from Time to Time 
 make Regulations as to the Form of and the Particulars to be entered in the 
 " Medical Visitation Book," required to be kept by the Ninetieth Section of the 
 Lunacy Act, Chapter One hundied, and if the Person having the Care or Charge 
 of a single Patient fails to comply with the Regulations so made he shall in respect 
 of each Offence incur a Penalty not exceeding Five Pounds. 
 
 Discharge of a Private Patient. 
 
 43. If there be no Person capable or qualified, under Section Seventy-two 
 or Section Seventy-three of the said Lunacy Act, Chapter One hundred, to direct 
 the Discharge or Removal of any such Patient as therein mentioned from any 
 rei^istered Hospital or licensed House, the Commissioners may order the Dis- 
 charge or Removal of such Patient, as they may think fit.
 
 ArPENDix. 303 
 
 Report to Coroner of Death of single Patient. 
 
 44. The Superintendent of every Asylum, and every Person having the Care or 
 Charge of a single Patient, shall, in the event of the Death of any Patient, transmit 
 to the Coroner of the Coun I y or Borough the same Statement as is required by 
 Law to be transmitted in the Case of the Death of any Patient in any Hospital or 
 licensed House, and if such Coroner, after receiving such Statement, thinlvs that 
 anv reasonable Suspicion attends the Cause and Circumstances of the Death of 
 such Patient, he shall summon a Jury to inquire into the Circumstances of such 
 Death. 
 
 Any Superintendent or Person in charge who makes default in complying with 
 the Requisitions of this Section shall be guilty of a Misdemeanor. 
 
 Chargeahility of Pauper Lunatics vjhose Settlements cannot be cuscertained where 
 found in certain Boroughs. 
 
 45. Section Fourteen of the Act of the Session holden in the Eighteenth and 
 Nineteenth Years of Her Majesty, Chapter One hundred and five, shall be repealed, 
 and in lieu thereof be it enacted. Where any Pauper Lunatic is not settled in the 
 Parish by which or at the Instance of some Officer or Officiating Clergyman of 
 which he is sent to an Asylum, registered Hos[)ital, or licensed House, and it 
 cannot be ascertained in what Parish such Pau])er Lunatic is settled, and such 
 Lunatic is found in a Borough which has a separate Court of Sessions of the 
 Peace, and is not liable, under the Act of the Session holden in the Fifth and 
 Sixth Years of King William the Fourth, Chapter Seventy-six, Section One hun- 
 dred and seventeen, to the Payment of a Proportion of the Sums ex[)ended out of 
 the County Rate, or is found in any Borough which under the Act of tlie Session 
 holden in the Twelfth and Thirteenth Years of Her Majesty, Chapter Eighty-two, 
 is exempted from Liability to contribute to the Pajment of the Expenses incurred 
 for maintaining Pauper Lunatics chargeable to the County in which such Borough 
 is situate, such Lunatic shall be adjudged to be chargeable to the Borough in 
 which he is found ; and it shall not be lawful for any Justices to adjudge such 
 Lunatic to be chargeable to any County, nor to make any Order upon the Treasurer 
 of any County for the Payment of any Expenses whatsoever incurred or to be 
 incurred in respect of such Lunatic. 
 
 All the Provisions in the Lunacy Act, Chapter Ninety-seven, as to the Mode 
 of determining that a Pauper Lunatic is chargeable to a County, and as to the 
 Orders to be made for Payment of Expenses and other Monies in respect of such 
 Lunatic, and for the Repayment thereof to the Treasurer of a County, shall 
 extend to the Case of a Borough to which a Lunatic is made chargeable under 
 this Section as if the said Provisions were re-enacted in this Act, and such 
 Borough were therein mentioned or referred to instead of a County. 
 
 Amendment o/ 8 <fc 9 Vict. c. 100. s. 100. as to Power of administering Oath^. 
 
 46. Any Two or more Commissioners or Visitors, in exercise of the Powers 
 given to them by the One hundredth Section of the Lunacy Act, Chapter One hun- 
 dred, may, if they think fit, examine on Oath any Person appearing before them as a 
 Witness, notwithstanding a Summons may not have been served on him in pursuance 
 of the said Section. 
 
 Definition of Physician, Surgeon, or Apothecary. 
 
 47. The Term Physician, Surgeon, or Apothecary, wherever used in the 
 Lunacy Acts, shall mean a Person registered under " The Medical Act," passed 
 in the Session holden in the Twenty-first and Twenty-second Years of the Reign 
 of Her present Majesty, Chapter Ninety. 
 
 Part of Sect. 132. o/16 <£- 17 Vict. c. 97. repealed. 
 
 48. So much of Section One hundred and thirty-two of the Lunacy Act, Chapter 
 Ninety-seven, as enacts that in that Act, unless there be something in the Subject
 
 304. 
 
 APPENDIX. 
 
 or Context repugnant to such Construction, the Word " County" shall mean a 
 County of a City or County of a Town, shall, except with respect to the City 
 of London, be repealed, and all the Provisions of the said Act and of the Acts 
 amending the same shall be read and construed accordingly. 
 
 SCHEDULE A. 
 
 Form of Licence. 
 
 Know all Men, That we, the Undersigned Justices of the Peace, acting in 
 and for i» General [or Quarter o?- Special] Sessions assembled, 
 
 do hereby certify that A.B. of in the Parish of 
 
 in the County of hath delivered to the Clerk of the Peace a Plan 
 
 and Description of a House and Premises proposed to be licensed for the Recep- 
 tion of Lunatics, situate at in the County of 
 and which has not been previously licensed for that Purpose, and hath applied to 
 lis for a Licence thereof: And whereas the Particulars of the said Application have 
 been transmitted to the Commissioners in Lunacy, and their Report in reference to 
 the said Application has been received, and has been taken into consideration by 
 us ; and we, having considered and approved the Application, do hereby authorize 
 and empower the said A.B. (he intending or not iniending to reside therein) to use 
 and employ the said House and Premises for the Reception of Male 
 [or Female, or Male and Female] Lunatics, of whom 
 not more than shall be Private Patients, for the Space of 
 Calendar Months from this Date. 
 
 Given under our Hand and Seals, this Day of 
 
 in the Year of our Lord One thousand eight 
 hundred and 
 
 Witness, Y.Z., Clerk of the Peace. 
 
 SCHEDULE B. 
 
 County of 
 
 Union [or Parish of ] 
 
 District of 
 
 QUAETEKLTC LiST of LuNATic PAUPERS within the District of the Union of 
 [or the Parish of ], in the County or Borough of 
 
 , not in any Asylum, Registered Hospital, or Licensed House. 
 
 Name. 
 
 Sex. 
 
 Age. 
 
 Form 
 
 of 
 
 Mental 
 
 Disorder. 
 
 Duration 
 
 of present 
 
 Attack of 
 
 Insanity, 
 
 and if 
 
 idiotic, 
 
 wlictlier or 
 
 not from 
 
 Birth. 
 
 Resident 
 
 in 
 
 Workhouse. 
 
 Non- 
 Eesident 
 in 
 Work- 
 house, 
 where and 
 witliwhom 
 resident. 
 
 Date 
 of Visit. 
 
 In what 
 Condition, 
 and, if ever 
 restrained, 
 why, and 
 by what 
 Means, and 
 how often. 
 
 
 
 
 
 
 
 

 
 APPENDIX. 305 
 
 I declare that I have personally examined the several Persona whose Names are 
 specified in the above List on the Days set opposite ilieir Names ; and I certify, 
 firstly, with respect to those appearing by the above List to be in the Workhouse, 
 tliat the Accommodation in the Workhouse is sufficient for their Reception, and 
 that they are all [or all except A.B. and CD.] proper Patients to be kept in the 
 Workhouse ; and, secondly, with respect to those ap[)c;uing by the aijove List to 
 be resident elsewhere than in the Workliouse, that they are all [or all except A.B. 
 and CD.] properly taken care of, and may properly remain out of an Asylum. 
 
 I declare that the Persons in the above List are to the best of my Knowledge 
 the only Pauper Lunatics in the District of the Union of \or in 
 
 the Parish of ] who are not in an Asylum, registered Hospital, 
 
 or duly licensed House. 
 
 (Signed) A.B., 
 Medical Officer of the District 
 
 of the Union [or Parish] of 
 Dated the Day of One thousand eight hundred 
 
 and 
 
 ANNO DECIMO QUINTO & DECIMO SEXTO 
 VICTORIA REGINyE. 
 
 CAP. LVI. 
 
 An Act for regulating the Qualifications of Pharmaceutical Chemists. 
 
 [30th Juiie 1852.] 
 
 WHEREAS it is expedient for the safety of the public that persons exercising 
 the business or calling of pharmaceutical chemists in Great Britain should 
 possess a competent practical knowledge of pharmaceutical and general chemistry 
 and other branches of useful knowledge : And whereas certain persons desirous of 
 advancing chemistry and pharmacy, and of promoting a uniform system of 
 educating those who should practise the same, formed themselves into a society 
 called " The Pharmaceutical Society of Great Britain,''' which said society was ou 
 the eighteenth day of February one thousand eight hundred and forty-three in- 
 corporated by Royal Charter, whereby it was provided that the said society should 
 consist of members who should be chemists and druggists who were or had been 
 established on their own account at the date of the said charter, or win) should have 
 been examined in such manner as the council of the said societ}' should deem proiier, 
 or who should have been certified to be duly qualified for admission, or who should 
 be persons elected as superintendents by the council of the said society : And 
 whereas it is expedient to prevent ignorant and incompetent persons from assuming 
 the title of or pretending to be pharmaceutical cliemists or pharmaceutists in Great 
 Britain, or members of the said Pharmaceutical Society, and to that end it is 
 desirable that all ]>ersons before assuming such title should lie duly examined as to 
 their skill and knowledge by competent persons, and that a register should be kept 
 by some legally authorized officer of all such persons : And whereas fur the purpose 
 aforesaid, and for extending tiie benefits which have already resulted from tlie said 
 Charter of Incorporation, it is desirable that additional powers sliould be granted 
 for regulating the qualificatitHis of persons who may carry on the business of phar- 
 maceutical cliemists : Be it enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the Lords Spiritual and Temporal, and Commons, 
 in this present Parliament assembled, and by the authority of the same, 
 
 Charter, dated 18th Feb. 1843, confirmed, save as altered. 
 
 I. That the said Charter of Incorporation granted to the said society on the 
 eighteenth day oi February one thousand eight hundred and forty-three, save and 
 except such part or parts thereof as are hereby altered, varied, or repealed, shall 
 
 X
 
 •306 APPENDIX. 
 
 be and tbe same is herebj- con6rmed and declared to be in full force and virtue, and 
 shall be as good and eifectual to all intents and purposes as if this Act had not 
 been passed. 
 
 Power to Council to alter Byelaws, provided they are approved by a 
 General Meeting of Society and the Secretary of State. 
 
 TI. The council of the said Pharmaceutical Society shall be and the same are 
 hereby authorized and empowered to alter and amend tliC byelaws of the said 
 society made and established under or in pursuance of the s:iid Charter of Incor- 
 ])oration, and to make and establish such new or additional byelaws as thej shall deem 
 j)roperand necesi<ary fur the purposes conten) plated by the said charter or by this 
 Act: Provided always, that all such original byelaws, and all altered, amended, or 
 additional byelaws, shall be confirmed and approved by a special general meeting 
 of the members of the said Pharmaceutical Society, and by one of Her Majesty's 
 principal Secretaries of State: Provided also, that the existing byelaws of the said 
 society shall continue in force until the next annual meeting of the said society to 
 be held in the month of May one thousand eight hundred and fifty -three. 
 
 Manner of Voting. 
 
 III. At all meetings of the said society at which votes shall be given for the 
 election of officers, all members entitled to vote may give their votes either 
 personally, ur, in cases of residence exceeding five miles from the General Post 
 Office, Saint Martin's le Grand, London, by voting papers authorized by writing, 
 in a form to be defined in the byelaws of the said society, or in a form to the like 
 eflFect, such voting papers being transmitted under cover to the secretary not less 
 than five clear days prior to the day on which the election is to take place. 
 
 Council to appoint Registrar, &c. 
 
 IV. The council of the said Pharmaceutical Society shall, within three 
 calendar months after the pas'^ing of this Act, appoint a fit and proper person as a 
 registrar under this Act, and the council of the said society shall have the power 
 to remove the said registrar, or any future registrar to be appointed under this 
 Act, from the said office, and from time to time to appoint .a new registrar in the 
 room of any registiar who may die, or retire, or be removed from office as afore- 
 said, and also to appoint and remove from time to time a deputy registrar, and 
 such clerks and other subordinate officers as may be requisite for carrying out the 
 purposes of this Act, and also to pay suitable salaries to the said registrar, deputy 
 registrar, clerks, and officers. 
 
 Registrar to luale Reginttrs of Members of Society, &c., and to Tcecp an Index and 
 Books, as may be required. 
 
 V. The registrar to be appointed under or by virtue of this Act shall from 
 time to time make out and maintain a complete register of all persons being 
 members of the said society, and also of all persons being associates and apprentices 
 or students respuctively, according to the terms of the Charter of Incorporation, 
 and shall keep a j roper index of the register, and all such other registers and 
 Ijooks as may be required by ihe council of the said society, and may be necessary 
 fi)r giving eifect to the byelaws of the said society and to the provisions of this 
 Act. 
 
 All Members, Associates, <fcc. of the Society at the passing of this Act entitled to 
 
 be registered. 
 
 VI. All such persons as shall at the time of the passing of this Act be members, 
 associates, apprentices, or students of ti.e saiil Pharuiaceutical Society of Great 
 Biitian, according to the terms ot the said Charter of Incorporation, shall be regis- 
 tered as pharmaceutical chemists, assistants, and apprentices or students re- 
 spectiveiy.
 
 appf:xdix. 307 
 
 Registrar hound to certify, dec, and his Certificate good Evidence in Absence of 
 
 the coutrary. 
 
 VII. The registrar to be appointed under or by virtue of this Act shall be 
 bound, on the ap[ilication of any person paying one shilling, to certify under his 
 hand whetiier or no any person whose name and address shall be furnished to him 
 appears in the said register or is a member of the Pharmaceutical Society of 
 Great Briliaii or not ; and the certificate of such registrar, signed by the said 
 registrar, and countersigned by the president or two members of the council of 
 the said society, shall, in the absence of evidence to the contrary, be sufficient 
 evidence of the facts therein stated up to the date of the said certificate. 
 
 Persons appointed under Charter or Byelaws, or this Act, to conduct Examinations. 
 Power to Examiners to grant Certificates, 
 
 VIII. All such persons as shall from time to time be appointed under or in 
 pursuance of the said Charter of Incorporation or the byelaws thereof, or under 
 this Act, shall be and the same are hereby declared to be fit and proper persf>ns to 
 conduct all such examinations as are provided for or contemplated by this Act, and 
 shall respectively have full power and authoi-ity and are hereby authorized and 
 empowered to examine all persons who shall present themselves for examination 
 under the provisions of this Act in their knowledge of the Latin language, in 
 botany, in materia meJica, and in pharmaceutical and general chemistry, and 
 such other subjects as may from time to time be determined by any byelaw ; 
 provided always, that such examinations shall not include the theory and practice 
 of medicine, suigery, or midwifery ; and the said examiners are hereby empowered 
 to grant or refuse to such perse ms, as in their discretion may seem fit, certificates 
 of competent skill and knowledge and qu;ilification to exercise the business or 
 calhng of pharmaceutical chemists, or, as the ca--e may require, to be engaged or 
 employed as students, apprentices, or assistants respectively. 
 
 Examiners to he appointed for Scotland. 
 
 IX. And to enable the said society to provide for the examination in Scotland 
 of such students, apprentices, or assistants in Scotland as may desire to be ex- 
 amined there, it sliall be lawful for the council of the society, and they are hereby 
 required, to appoint such fit and proper persons in Scotland, to meet in Edinburgh 
 or Glasgoi", or such other place or places as the council may think desirable, and 
 to conduct there all such examinations as are provided tor and contemplated by 
 this Act, with such and the like powers and authorities in respect thereof as are 
 herein conferred, and to gi-ant to the persons to be so examined such and the like 
 certificates as are herein-before specified and reierred to, or to refuse the same ; 
 and all the provisions of this Act shall be equally applicable to the examiners, 
 examinations, and parties examined in Scotland as to the examiners, examinations, 
 and parties examined in England. 
 
 PerKons who have obtained Certificates entitled to be registered ; Persons registered as 
 Pharmaceutical Chemists eligible to be Members ; Eligibility of Persons registered 
 as Assistants, <L'C. ■ 
 
 X. Every such person who shall have been examined by the persons appointed as 
 aforesaid, and shall have obtained a certificate of qualification from them, shall be 
 entitled to be rej^istered by the registrar according to the provisions of this Act, 
 upon pnynit-nt of such fee or fees as shall be fixed by the byelaws ; and every such 
 person duly registered as a pharmaceutical chemist shall be eligible to be elected 
 as a member of the said .society ; and every such person duly registered as an 
 assistant shall be eligible for admission as an associate of the said society ; and 
 every such person duly registered as a student or apprentice to a pharmaceutical 
 chen)ist shall be eligible for admission into the said society; according to the 
 byelaws thereof. 
 
 X 2
 
 308 APPENDIX. 
 
 Exceptions. 
 
 XI. That no person who is a member of the medical profession, or who is prac- 
 tising under right of a degree of any university, or under a diploma or licence 
 of a medical or surgical corporate body, shall be entitled to be registered under this 
 Act; and if any registered pharmaceutical chemist shall obtain such diploma or 
 licence, his name shall not be retained on the said register during the time that 
 he is engaged in practice as aforesaid. 
 
 Persons not duly registered shall not assume or use Name or Title of Pharma- 
 ceutical Chemist, or any Name, Title, or Sign implying the same. Penalty on 
 Persons offending. Penalties, how recoverable in England and Wales ; in 
 Scotland. 
 
 XII. From and after the passing of this Act, it shall not be lawful for any 
 person, not being duly registered as a pharmaceutical chemist according to the 
 provisions of this Act, to assume or use the title of pharmaceutical chemist or 
 pharmaceutist in any part of G^'eat Britain, or to assume, use, or exhibit any name, 
 title, or sign implying that he is registered under this Act, or that he is a member 
 of the said society ; and if any person not being duly registered under this Act, 
 shall assume or use the title of pharmaceutical chemist or pharn aceutist, or shall 
 use, assume, or exhibit any name, title, or sign implying that he is a person regis- 
 tered under this Act, or that he is a member of the said society, every such person 
 shall be liable to a penalty of five pounds ; and such penalty may be recovered 
 liy the registrar to be appointed under this Act, in the name and by the authority 
 of the council of the said society in manner following ; (that is to say,) 
 
 In England or Wales, by plaint under the provisions of any Act in force for the 
 
 more easy recovery of small debts and demands : 
 
 In Scotland, by action before the Court of Session in ordinary form, or by 
 
 summary action before the sheriff of the county, or in the royal burghs 
 
 before the magistrates of the burghs where the offence may be committed 
 
 or the offender resides, who, upon proof of the offence or offences either by 
 
 confession of the party offending or by the oath or affirmation of one or 
 
 more credible witnesses, shall convict the offender, and find him liable in 
 
 the penalty or penalties aforesaid, as also in expenses; and it shall be lawful 
 
 for the sheriff or magistrate, in pronouncing such judgment for the penalty 
 
 or penalties and costs, to insert in such judgment a warrant, in the 
 
 event of such penalty or penalties and costs not being paid, to levy and 
 
 recover the aniount of the same by poinding : 
 
 Provided always, that it shall be lawful to the sheriff or magistrate, in the 
 
 event of his dismissing the action and assoilzieing the defender, to find the com- 
 
 plainer liable in expenses ; and any judgment so to be pronounced by the sheriff 
 
 or magistrate in such summary application shall be final and conclusive, and not 
 
 subject to review, by advocation, suspension, reduction, or otherwise. 
 
 Limitation for Recovery of Penalties, dsc. 
 
 XIII. Provided always, that no action or other proceeding for any offence 
 under this Act shall be brought after the expiration of six months from the com- 
 mission of such offence ; and in every such action or proceeding the party who 
 shall prevail shall recover his full costs of auit or of such other proceedings. 
 
 Application of Penalties. 
 
 XIV. All and every sums and sum of money which shall arise from any con- 
 viction and recovery of penalties for offences incurred under this Act shall be paid 
 as the commissioners of Her Majesty's Treasury shall direct. 
 
 Registrar falsifying Register, d-c. guilty of a Misdemeanor. 
 
 XV. If any registrar under this Act shall wilfully make or cause to be made 
 any falsification in any matters relating to any register or certificate aforesaid, every 
 .such offender shall be deemed guilty of a misdemeanor.
 
 APPENDIX. 309 
 
 Any Person wilfully procuring false Certificate guilty of a Misdemeanor. 
 
 XVI. If any person shall wilfully procure by any false or fraudulent means a 
 certificate purporting to be a certificate of registration under this Act, or shall 
 fraudulently exhibit a certificate purporting to be a certificate of mciabership of tlie 
 Pharmaceutical Society, every such person so offending shall be adjudged guilty of 
 a misdemeanor. 
 
 ANNO TRICESIMO PRIMO & TRICESIMO SECQNDO 
 VICTORIA REGIN^. 
 
 CAP. CXXI. 
 
 An Act to regulate the Sale of Poisons, and alter and amend the 
 Pharmacy Act, 1852. [31st July 1868.] 
 
 15 tt- 16 Vict. c. 56. 
 
 WHEREAS it is expedient for the safety of the public that persons keeping open 
 shop for the retailing, dispensing, or compounding of poisons, and persons 
 known as chemists and druggists, should possess a competent practical knowledge of 
 their business, and to that end that from and after the day herein named all persons 
 not already engaged in such business should, before commencing such business, be 
 duly examined as to their practical knowledge, and that a register should be kept 
 as herein provided, and also that the Act passed in the fifteenth and sixteenth 
 years of the reign of Her present Majesty, intituled An Act for regulating the 
 Qualification of Pharmaceutical Chemists, herein-after described as the Pharmacy 
 Act, should be amended : 
 
 Be it enacted by the Queen's most excellent Majesty, by and with the advice 
 and consent of the Lords Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by authority of the same, as follows : 
 
 Persons selling or compounding Poisons, or assuming the Title of Chemist and 
 Druggist, to be qualified. 
 
 1. From and after the thirty-first day o( December one thousand eight hundred 
 and sixty-eight it shall be unlawful for any person to sell or keep open shop for 
 retailing, dispensing, or compounding poisons, or to assume or use the title " chemist 
 and druggist," or chemist or druggist, or pharmacist, or dispensing chemist or 
 druggist, in any part of Great Britain, unless such person shall be a pharmaceutic;il 
 chemist, or a chemist and druggist within the meaning of this Act, and be registered 
 under this Act, and conform to such regulations as to the keeping, dispensing, and 
 selling of such poisons as may from time to time be prescribed by the Pharmaceu- 
 tical Society with the consent of the Privy Council. 
 
 Articles named in Schedule (A.) to be deemed Poisons within the Meaning 
 of this A ct. 
 
 2. The several articles named or described in the Schedule (A.) shall be deemed 
 to be poisons within the meaning of this Act, and the council of the Pharmaceu- 
 tical Society of Great Britain (herein-after referred to as the Pharmaceutical 
 Society) may from time to time, by resolution, declare that any article in such 
 resolution named ought to be deemed a poison within the meaning of this Act ; and 
 thereupon the said society shall submit the same for the approval of the Privy 
 Council, and if such approval shall be given, then such resolution and ai>proval 
 shall be advertised in the London Gazette, and on the expiration of one month from 
 such advertisement the article named in such resolution shall be deemed to be a 
 poison within the meaning of this Act.
 
 310 APPENDIX. 
 
 Chemists and Druggists within the Meaning of this Act. 
 
 3. Chemists and druggists within the meaning of this Act shall consist of all 
 persons who at anj' time before the passing of this Act have carried on in Great 
 Britain the business of a chemist and druggist, in the keeping of open shop for 
 the compounding of the prescriptions of duly qualified medical practitioners, also of 
 all assistants and associates who before the passing of this Act shall have been duly- 
 registered under or according to the provisions of the Pharmacy Act, and also of 
 all such persons as may be duly registered under this Act. 
 
 Apprentices and A ssistants to be registered, 
 
 4. Any person who at the time of the passing of this Act shall be of full age, 
 and shall produce to the registrar, on or before the thirty- first day of December 
 one thousand eight hundred and sixty-eight, certificates according to Schedule (E.) 
 to this Act that he had been for a period of not less than three years actually en- 
 gaged and employed in the dispensing and com pounding of prescriptions as an 
 assistant to a pharmaceutical chemist, or to a chemist and druggist as defined by 
 clause three of this Act, shall, on passing such a modified examination as the 
 council of the Pharmaceutical Society with the consent of the Privy Council may 
 declare to be sufficient evidence of his skill and competency to conduct the business 
 of a chemist and druggist, be registered as a chemist and druggist under this Act. 
 
 Registration of Chemists and Druggists. 
 
 5. The persons who at the time of the passing of this Act shall have been duly 
 admitted pharmaceutical chemists, or shall be chemists and druggists within the 
 meaning of the Act, shall be entitled to be registered under the Act without paying 
 any fee for such registration : Provided^ however, as regards any such chemist and 
 druggist, that his claim to be registered must be by notice in writing, signed by him, 
 and given to the registrar, with certificates according to the Schedules (C.) and (D.) 
 to this Act ; and provided also, that for any such registration of a chemist and 
 druggist, unless it be duly claimed by him on or before the thirty-first day of 
 December one thousand eight hundred and sixty-eight, the person registered shall 
 pay the same fee as persons admitted to the register after examination under this 
 Act. 
 
 Examiners under Pharmacy Act to be the Examiners under this Act. 
 Certificate of competent Skill, d;c. 
 
 6. All such persons as shall from time to time have been appointed to conduct 
 examinations under the Pharmacy Act shall be and are hereby declared to be 
 examiners for the purposes ot this Act, and are hereby empowered and required to 
 examine all such persons as shall tender themselves for examination under the 
 provisions of this Act ; and every person who shall have been examined by such 
 examiners, and shall have obtained from them a certificate of competent skill and 
 knowledge and qualification, shall be entitled to be registered as a chemist and 
 druggist under this Act ; and the examination aforesaid shall be such as is provided 
 under the Pharmacy Act for the purposes of a qualification to be registered as 
 assistant under that Act, or as the same may be varied from time to time by any 
 byelaw to be made in accordance with the Pharmacy Act as amended by this Act; 
 provided that no person shall conduct any examination for the purposes of this Act 
 until his appointment has been approved by the Privy Council ; and such appoint- 
 ment and approval shall not in any case be in force for more than five years ; more- 
 over it shall be the duty of the said Pharmaceutical Society to allow any officer 
 appointed bv the said Privy Council to be present during the progress of any exa- 
 mination held for the purposes of this Act. 
 
 Application of Fees to Purpose of Pharmaceutical Society. 
 
 7. Upon every such examination and registration as aforesaid such fees shall be 
 payable as shall from time to time be fixed and determined by any byelaw to be 
 made in accordance with the J^harmacy Act as amended by this Act, and shall be 
 paid to the treasurer of the said society for the purposes of the said society.
 
 APPENDIX. 311 
 
 Retjistrar under Pharmacy Act to he so under this Act. 
 
 8. Theregistrar appointed or to be appointed under or by virtue of the Pharmacy 
 Act shall be registrar fur the purposes of this Act. 
 
 Council of Phitrmaceutlcal Society to make Orders for regulating Register 
 to be kept. 
 
 9. The council of the Pharmaceutical Society shall, with all convenient speed after 
 the passing of this Act, and from time to time as occasion may require, make 
 orders or regulations for regulating the register to be kept under this Acd as nearly 
 as conveniently may be in accordance with the form set forth in the Schedule (B. ) 
 to this Act or to the like effect, and such register shall be called the Register of 
 Chemists and Druggists. 
 
 DiUy of Registrar to make and keep Register. 
 
 10. It shall be the duty of the registrar to make and keep a correct register, in 
 accordance with the provisions of this Act, of all persons who shall be entitled to be 
 registered under this Act, and to erase the names of all registered persons who 
 shall have died, and fi-om time to time to make the necessary alterations in the 
 addresses of the per.^ons registered under this Act : to enable the registrar duly to 
 fulfil the duties imposed upon him, it shall be lawful for the registrar to write a 
 letter to any registered person, addressed to him according to his address on the 
 register, to inquire whether he has ceased to carry on business or has changed his 
 residence, such letter to be forwarded by post as a registered letter, according to 
 the Post Office regulations for the time being, and if no answer shall be returned to 
 such letter within the period of six months from the sending of the letter, a second, 
 of similar purport, shall be sent in like manner, and if no answer be given thereto 
 within three months from the date thereof it shall be lawful to erase the name of 
 such person from the register: Provided alway.", that the same may be restored by 
 direction of the council of the Pharmaceutical Society should they think fit to make 
 an order to that effect. 
 
 Notice of Death of PharmaceiUical Chemist or Chemist and Druggist to be 
 given by Registrars. 
 
 11. Every registrar of deatlis in Great Britain, ou receiving notice of the death 
 of any Pharmaceutical chemist, or chemist and druggist, shall forthwith transmit 
 by post to the registrar under the Pharmacy Act a certificate under his own h lud 
 of such death, with the particulars of the time and place of death, and on the 
 receipt of such certificate the said registrar under the Pharmacy Act shall erase 
 the name of such deceased pharmaceutical chemist, or chemist and druggist, from 
 the register, and shall transmit to the said registrar of deaths the cost of such cer- 
 tificate and trausmission, and may charge the cost thereof as an expense of his 
 office. 
 
 Evidence of Qualification to he given before Registration. 
 
 12. No name shall be entered in the register, except of persons authorized by 
 this Act to be registered, nor unless the registrar be satisfied by the pro[)er evidence 
 that the person claiming is entitled to be registered ; and any appeal from the 
 decision of the registrar may be decided by the council of the Pharmaceutical 
 Society ; and any entry which shall be proved to the satisfaction of such council 
 to have been fraudulently or incorrectly made may be erased from or amended in the 
 register by order in writing of such council. 
 
 Annual Register to he published and he Evidence. 
 
 13. The registrar shall, in the month of January in every year, cause to be 
 printed, published, and sold a correct register of the names of all pharmaceutical 
 chemists, and a correct register of all persons legistered as chemists and druggists, 
 aud in such registers respectively the names shall be in alphabetical order accord
 
 312 APPENDIX. 
 
 in^ to the surnames, with the respective residences, in the form set forth in Schedule 
 (B ) to this Act, or to the like effect, of all persons appearing on the register of 
 pharmaceutical chemists, and on the register of chemists and druggists, on the 
 thirty-first day of December last preceding, and such printed registers shall be called 
 ■'The Registers of Pharmaceutical Chemists and Chemists and Druggists," and a 
 printed copy of such registers for the time being, purporting to be so printed and 
 published as aforesaid, or any certificate under the hand of the said registrar, and 
 countersigned by the president or two members of the council of the Pharmaceu- 
 tical Society, shall be evidence in all courts, and before all justices of the peace 
 and others, that the persons therein specified are registered according to the pro- 
 visions of the Pharmacy Act or of this Act, as the case may be, and the absence 
 of the name of any person from such printed register shall be evidence, until the 
 contrary shall be made to appear, that such person is not registered according to 
 the provisions of the Pharmacy Act or of this Act. 
 
 Penalty on wilful Falsification of Register, or for dbtedniny Registration hy 
 false Representation. 
 
 14. Any registrar who shall wilfully make or cause to be made any falsifi- 
 cation in any matter relating to the said registers, and any person who shall wilfully 
 procure or attempt to procure himself to be registered under the Pharmacy Act or 
 under this Act, by making or producing or causing to be made or produced any 
 false or fraudulent representation or declaration, either verbally or in writing, and 
 any pei'sou aiding or assisting him therein, shall be deemed guilty of a misdemeanor 
 in England, and in Scotland of a crime or oifence punishable by fine or imprison- 
 ment, and shall on conviction thereof be sentenced to be imprisoned for any terra 
 not exceeding twelve months. 
 
 Protection of Titles, and Restrictions on Sale of Poisons. 
 
 15. From and after the thirty-fii-st day of December one thousand eight hun- 
 dred and sixty-eight any person who shall sell or keep an open shop for the retailing, 
 dispensing, or compounding poisons, or who shall take, use, or exhibit the name or 
 title of chemist and druggist, or chemist or druggist, not being a duly registered 
 pharmaceutical chemist, or chemist and druggist, or who shall take, use, or exhibit 
 the name or title pharmaceutical chemist, pharmaceutist, or pharmacist, not being 
 a pharmaceutical chemist, or shall fail to conform with any regulation as to the keep- 
 ing or selling of poisons made in pursuance of this Act, or who shall compound 
 any medicines of the British Pharmacopoeia except according to the formularies of the 
 said Pharmacopoeia, shall for every such offence be liable to pay a penalty or sum of 
 five pounds, and the same may be sued for, recovered, and dealt with in the 
 manner provided by the Pharmacy Act for the recovery of penalties under that 
 Act ; but nothing in this Act contained shall prevent any person from being liable 
 to any other penalty, damages, or punishment to which he would have been sub- 
 ject if this Act had not passed. 
 
 Reserving Rights of certain Persons. 
 
 16. Nothing herein-before contained shall extend to or interfere with the 
 business of any legally qualified apothecary or of any member of the Royal College 
 of Veterinary Surgeons of Great Britain, nor with the making or dealing in patent 
 medicines, nor with the business of wholesale dealers in supplying poisons in the 
 ordinary course of wholesale dealing ; and upon the decease of any pharmaceutical 
 chemist or chemist and druggist actually in business at the time of his death it 
 shall be lawful for any executor, administrator, or trustee of the estate of such 
 pharmaceutical chemist or chemist and druggist to continue such business if and 
 so long only as such business shall be bond fide conducted by a duly qualified 
 assistant, and a duly qualified assistant within the meaning of this clause shall be 
 a pharmaceutical chemist or a chemist and ilruggist registered by the registrar 
 under the Pharmacy Act or this Act ; Provided always, that registration under 
 this Act shall not entitle any person so registered to practice medicine or surgery, 
 or any branch of medicine or surgery.
 
 APPENDIX. 
 
 313 
 
 ^ Regulations to be observed in the Sale of Poisons. 
 
 17. It shall be unlawful to sell any poison, either by wholesale or by retail, un- 
 less the box, bottle, vessel, wrapper, or cover in which such poison is contained be 
 distinctly lai)elle(l with the name of the article and the wonl poison, and with the 
 name and address of the seller of the poison ; and it shall be unlawful to sell any 
 poison of those which are in the first part of Schedule (A.) to this Act, or may 
 hereafter be added thereto under Section two of this Act, to any person unknown 
 to the seller, unless introduced by some person known to the seller ; and on every 
 sale of any such article the seller shall, before delivery, make or cause to be made 
 an entry in a book to be kept for that purpose, stating, in the form set forth in 
 Schedule (F.) to this Act, the date of the sale, the name and address of the pur- 
 chaser, the name and quantity of the article sold, and the purpose for which it 
 is stated by the purchaser to be required, to which entry the signature of the pur- 
 chaser and of the person, if any, who introduced him shall be affixed ; and any 
 person selling poison otherwise than is herein provided shall, upon a summary con- 
 viction before two justices of the peace in Eiujland or the Sheriff in Scotland, be 
 liable to a penalty not exceeding five pounds for the first offence, and to a penalty 
 not exceeding ten pounds for the second or any subsequent offence, and for the 
 purposes of this section the person on whose behalf any sale is made by any 
 apprentice or servant shall be deemed to be the seller ; but the provisions of this 
 section, which are solely applicable to poisons in the fii-st part of the Schedule (A.) 
 to this Act, or which require that the label shall contain the name and address of 
 the seller, shall not apply to articles to be exported from Great Britain by whole- 
 sale dealers, nor to sales by wholesale to retail dealers in the ordinary course of 
 wholesale dealing, nor shall any of the provisions of this section ap|>ly to any 
 medicine supplied by a legally qualified apothecary to his patient, nor aj)|)ly to any 
 article when forming part of the ingredients of any medicine dispensed by a person 
 registered under this Act ; provided such medicine be labelled in the manner afore- 
 said, with the name and address of the seller, and the ingredients thereof be entered, 
 with the name of the person to whom it is sold or delivered, in a book to be kept 
 by the seller for that purpose ; and nothing in this Act contained shall repeal or 
 affect any of the provisions of an Act of the Session holden in the fourteenth and 
 fifteenth years in the reign of Her present Majesty, intituled An Act to regulate 
 the Sale of A rsenic. 
 
 Chemists and Druggists in Business prior to passing of Act eligible for 
 Election as Members of Pkarmaceulical Society. 
 
 18. Every person who at the time of the passing of this Act is or has been in 
 business on his own account as a chemist and druggist as aforesaid, and who shall 
 be registered as a chemist and druggist, shall be eligible to be elected and continue 
 a member of the Pharmaceutical Society according to the byelaws thereof; but no 
 person shall, in right of membei ship acquired pursuant to this clause, be placed on 
 the register of pharmaceutical chemists, nor, save as is herein-after expressly 
 provided, be eligible for election to the council of the Pharmaceutical Society. 
 
 Council of Pharmaceutical Society. 
 
 19. Every person who is or has been in business on his own account as a 
 chemist and druggist as aforesaid at the time of the passing of this Act, and who 
 shall become a member of the Pharmaceutical Society, shall be eligible for election 
 to the council of the Pharmaceutical Society ; but the said council shall not at any 
 time contain more than seven members who are not on the register of pharmaceu- 
 tical chemists. 
 
 Chemists and Druggists registered eligible to be elected A ssociates, and, being in 
 Business, have the Privilege of voting in the Society, on paying the ^ame Sub- 
 scriptions as Members. 
 
 20. Every person who shall have been registered as a chemist and druggist 
 under this Act by reason of having obtained a certificate of qualification from the 
 board of examiners shall be eligible to be elected an associate of the Pharmaceu-
 
 314 APPENDIX. 
 
 tical Society, and every such person so elected and continuing as sucb associate, 
 being in business on his own account, shall have the privilege of attending all 
 meetings of the said society and of voting thereat, and otherwise taking part in the 
 proceedings of such meetings, in the same manner as members of the said society : 
 Provided alwaj's, that such associates contribute to the funds of the said society 
 the same fees or subscriptions as members contribute for the time being under the 
 byelaws thereof 
 
 Voting Papers for Election of Council. 
 
 21 . At all meetings of the Pharmaceutical Society at which votes shall be given 
 for the election of officei-s all or any of the votes may be given either personally or 
 by voting papers in a form to be defined in the byelaws of the said society, or in a 
 form to the like effect, such voting papers being transmitted under cover to the 
 secretary not less than one clear day prior to the day on which the election is to 
 take place. 
 
 Benevolent Fund way he applied to past Members and Associates, also to Pharmaceu- 
 tical Chemists and registered Chemists and Druggists. 
 
 22. And whereas by the Charter of Incorpoiation of the said Pharmaceutical 
 Society it is provided that the council of the said society shall have the sole control 
 and management of the real and personal property of the said society, subject to 
 the byelaws thereof, and shall make provision thereout, or out of such part thereof 
 as they shall think proper, for the relief of the distressed members oi- associates of the 
 said society, and their widows and orphans, subject to the regulations and byelaws 
 of the said society: And whereas, for extending the benefits which have resulted 
 from the said provision in the said Charter of Incorporation, it is desirable that 
 additional power should be granted to the said council: Be it enacted, that from 
 and after the passing of this Act the said council may make provision out of the 
 real and personal property aforesaid, and out of any special fund known as the 
 benovelent fund, not only for the relief of the distressed members or associates of 
 the said society and their widows and orphans, subject to the said regulations and 
 byelaws, but also for all persons who may have been and have ceased to be members 
 or associates of the said society, or who may be or have been duly registered as 
 "pharmaceutical chemists" or " chemists and druggists," and the widows and 
 orphans of such persons, subject to the regulations and byelaws of the said 
 society. 
 
 Registration under ^^ Medical Act." 
 
 23. Persons registered under "The Medical Act," shall not be or continue to 
 be registered under this Act. 
 
 Adulteration of Food or Drink Act to extend to Medicines. 
 
 24. The provisions of the Act of the twenty-third and twenty-fourth of Victoria, 
 chapter eighty-four, intituled An Act for preventing the Adulteration of Articles of 
 Food or Drink, shall extend to all articles usually taken or sold as medicines, and 
 every a<lulteration of any such article shall be deemed an admixture injurious to 
 health ; and any person registered under this Act who sells any such article 
 adulterated shall, unless the contrary be proved, be deemed to have knowledge of 
 such adulteration. 
 
 Acts of Privy Council. 
 
 25. On and after the passing of this Act all powers vested by the Pharmacy 
 Act in one of Her Majesty's principal Secretaries of State shall be vested in the 
 Privy Council, and the seventh section of the Public Health Act, 1858, shall apply 
 to all proceedings and acts of the Privy Council herein authorized. 
 
 Power to Privy Council to erase Names of Persons from Register. 
 
 26. The Privy Council may direct the name of any person who is convicted of 
 any offence against this Act which in their opinion renders him unfit to be on the 
 register under this Act to be erased from such register, and it shall be the duty of 
 the registrar to erase the same accordingly.
 
 APPENDIX. 
 
 315 
 
 Extent of A ct. 
 
 27. This Act shall not extend to Ireland. 
 
 Short Title. 
 
 28. This Act may be cited as the Pharmacy Act, 1868. 
 
 SCHEDULES. 
 
 SCHEDULE (A.) 
 
 Part 1. 
 
 Arsenic and its preparations. 
 
 PruRsic acid. 
 
 Cyanides of potassium and all metallic cyanides. 
 
 Strychnine and all poisonnus vegetable alkaloids and their salts. 
 
 Aconite and its preparations. 
 
 Emetic tartar. 
 
 Corrosive sublimate. 
 
 Cantharides. 
 
 Savin and its oil. 
 
 Ergot of rye and its preparations. 
 
 Part 2. 
 Oxalic acid. 
 Chloroform. 
 
 Belladonna and its preparations. 
 
 Essential oil of almonds unless deprived of its prussic acid. 
 Opium and all preparations of opium or of poppies. 
 
 SCHEDULE (B.) 
 
 Name. 
 
 Besideuce. 
 
 Qualification. 
 
 A.B. 
 
 CD. 
 E.F. 
 
 Oxford Street, London. 
 
 George Street, Edinhurgh. 
 Cheapside, London. 
 
 In business prior to Pharmacy 
 
 Act, 1868. 
 
 Examined and certified. 
 
 Assistant prior to Pharmacy Act, 
 1868. 
 
 SCHEDULE (C.) 
 
 Declaration by a Person who was in Business as a Chemist and Druggist 
 IN Great Britain before the Pharmacy Act, 1868. 
 
 To the Registrar of the Pharmaceutical Society of Great Britain. 
 
 I , residing at in the county of 
 
 hereby declare that I was in business as a chemist and druggist, in the keeping of 
 open shop for tlie compounding of the prescriptions of duly qualified medical 
 practitionei-s at in the county of , on or before 
 
 the day of 186 . 
 
 Signed (Name.) 
 
 Dated this day of 15 .
 
 316 
 
 APPENDIX. 
 
 SCHEDULE (D.) 
 
 Declaratton to be signed by a duly qualified Medical Practitioner, or 
 Magistrate, respecting a Person who was in Business as a Chemist 
 AND Druggist in Great Britain before the Pharmacy Act^ 1868. 
 
 To the Registrar of the Pharmaceutical Society of Great Britain. 
 
 I , residing at in the county of , 
 
 hereby declare that I am a duly qualified medical practitioner [or magistrate], and 
 that to my knowledge , residing at in the 
 
 county of , was in business as a chemist and druggist, in the 
 
 keeping of open shop for the compounding of the prescriptions of duly qualified 
 medical practitioners before the day of 186. 
 
 {Signed) 
 
 SCHEDULE (E.) 
 
 Declarations to be signed by and on behalf of any Assistant claiming 
 TO be registered under the Pharmacy Act, 1868. 
 
 To the Registrar of the Pharmaceutical Society of Great Britain. 
 I hereby declare that the undersigned , residing 
 
 at in the county of , had for three years 
 
 immediately before the passing of the Pharmacy Act, 1868, been employed in 
 dispensing and compounding prescriptions as an assistant to a pharmaceutical 
 chemist or chemist and druggist, and attained the age of twenty-one years. 
 As witness my hand, this day of 186 . 
 
 A.B., duly qualified Medical Practitioner. 
 CD., Pharmaceutical Chemist. 
 Ji\F., Chemist and Druggist. 
 G.II., Magistrate. 
 
 (To be signed by one of the four parties named.) 
 
 I hereby declare that I was an assistant to of 
 
 in the county of in the year , and was for 
 
 three years immediately before the passing of this Act actually engaged in dis- 
 pensing and compounding prescriptions, and that I had attained the full age of 
 twenty-one years at the time of the passing of the Pharmacy Act, 1868. 
 
 N.O., Assistant. 
 
 SCHEDULE (F.) 
 
 Date. 
 
 Name of 
 Purchaser. 
 
 Name and 
 Quantity of 
 Poison sold. 
 
 Purpose for 
 
 which 
 it is required. 
 
 Signature of 
 Purchaser. 
 
 Signature of 
 
 Person 
 introducing 
 Purchaser.
 
 APPENDIX. 317 
 
 ANNO DECIMO SEXTO & DECIMO SEPTIMO 
 YICTORI^ REGINiE. 
 
 CAP. C. 
 
 An Act further to extend and make compTilsory the practice of Vac- 
 cination. [20th August 185o.] 
 3 tt- 4 Vict. c. 29. 4 d- 5 Vict. c. 32. 
 
 WHEREAS an Act was passed in the fourth year of the reign of Her present 
 Majesty, intituled A7i Act to extend the Practice of Vaccination : and whereas 
 an Act was passed in the fifth year of the same reign, intituled il?i, Act to amend an 
 Act to e.rlend the Practice of Vaccination: and whereas it is expedient that the 
 practice of vaccination should be still further extended : Be it therefore enacted by the 
 Queen's most excellent Majesty, by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present Parliament assembled, and 
 by the authority of the same, as follows : 
 
 Parishes or Unions to he divided into Districts for the Purpose of Vacnnatioii 
 and Places appointed for the Performance of Vaccination. 
 
 I. Within six weeks after the passing of this Act the guardians of every parish 
 or union, and the overseers of every parish in which relief to the poor shall not be 
 administered by guardians, in Enyland and Wales, shall, subject to the approval 
 of the Poor Law Board, divide such parish or union, if need be, into convenient 
 districts for the purpose of affoi-ding increased facilities for the vaccination of the 
 jjO'ir, and shall appoint a convenient place in each such district for the performance 
 of such vaccination, and shall take the most effectual means for giviiif from time to 
 time to all persons resident within such district due notice of the days and hours 
 at which the medical officer or practitioner contracted with for sucii purpose will 
 attend at such place to vaccinate all persons not already successfully vaccinated 
 who may then appear there, and also of the days and hours at which such medical 
 officer or practitioner will attend at such place to inspect the progress of such vac- 
 cination in the persons so vaccinated. 
 
 Parents and Guardians of Children horn after 1st August, 1853, to have such 
 Children vaccinated within Three or Four Months after Birth. 
 
 II. The father or mother of every child born in England or Wales after the 
 first day of August in the year of our Lord one thousand eight hundred and fifty- 
 three shall within three calendar months after the birth of the said child, or in the 
 event of the death, illness, absence, or inability of the father and mother then the 
 person who shall have the care, nurture, or custody of the said child shall within 
 four calendar months after the birth of such child take or cause to betaken the 
 said child to the medical officer or jiractitioner appointed in the union or parish in 
 which the said child is resident according to the provisions of the first-recited Act 
 for the purpose of being vaccinated, unless he shall have been previously vaccinated 
 by some duly qualified medical practitioner, and the vaccination duly certified and 
 the said medical officjr or practitioner so appointed shall and he is hereby 
 required thereupon, or as soon after as it may conveniently and properly be done 
 to vaccinate the said child. 
 
 Children to he taken for Inspection hy Medical Officer on Eighth Day 
 after the Operation. 
 
 III. Upon the eighth day following the day on which any child has been 
 vaccinated as aforesaid the father or mother, or other person havinc the care 
 nurture, or custody of the said child, shall again take or cause to be taken the 
 said child to the medical officer or practitioner by whom the operation was per- 
 formed, in order that such medical officer or practitioner may ascertain by inspec- 
 tion the result of such operation.
 
 3] 8 APPENDIX, 
 
 Certijieate of successful Vaccination to he delivered. 
 
 IV. Upon and immediately after the successful vaccination of any child the 
 medical officer or practitioner who shall have performed the operation shall deliver 
 to the father or mother of the said child, or to the person who shall have the care, 
 nurture, or custody of tiie said child, a certificate under his hand, according to the 
 form of Schedule herein-after inserted, marked (A.), that the said child has been 
 successfully vaccinated, and shall also transmit a duplicate of the said certificate 
 to the registrar of births and deaths of the sub-district in which the operation was 
 performed; and such certificate shall, without further proof, be admissible as evi- 
 dence of the successful vaccinntion of such child in any information or complaint 
 which shall be brought against the father or mother of the said child, or against the 
 person who shall have the care, nurture, or custody of such child as aforesaid, for 
 noncompliance with the provisions of this Act. 
 
 If the Child be not in a fit State for Vaccination, the Medical Officer to deliver 
 a Certificate to that Effect, to he in force for Two Months. 
 
 V. If any medical officer or practitioner shall be of opinion that any child is not 
 in a fit and proper state to be successfully vaccinated, he shall thereupon and 
 immediately deliver, without fee or reward, to the father or mother of such child, 
 or the person having the care, nurture, or custody of the said child, a certificate 
 under his hand according to the form of Schedule herein-after inserted, mai'ked 
 (B.), that the child is in an unfit state for successful vaccination, and such 
 certificate shall remain in force for two calendar n.onths from its delivery as 
 aforesaid ; and the father or mother of the said child, or the person having the 
 care, nurture, or custody of the said child, shall, unless they shall within each 
 succeeding period of two months have obtained from a medical officer or prac- 
 titioner a renewal of such certificate, within two months next after the delivery 
 of the said certificate as aforesaid, and if the said child be not vaccinated at 
 or by the termination of such period of two months then during each succeed- 
 ing period of two calendar months until such child has been successfully vac- 
 cinated, take or cause to be taken to the said medical officer or practitioner 
 such child to be vaccinated by him ; and if the said medical officer or practitioner 
 deem the said child to be then in a fit and proper state for successful vaccina- 
 tion, he shall forthwith vaccinate it accordingly, and shall deliver to the father 
 or mother of such child, or person having the care, nurture, or custody of 
 such child a certificate under his hand according to the form of Schedule 
 herein-after inserted, marked (A.), that such child has been succesfully vaccinated ; 
 but if the said medical officer or ])ractitioner be of opinion that the child is still in 
 an unfit state for successful vaccination, then he shall again deliver to the father or 
 mother of such child, or person having the care, nurture, or custody of the said child 
 a certificate under his hand, according to the said foim of Schedule (B.), that the 
 child is still in an unfit state for successful vaccination ; and the said medical 
 officer or practitioner, so long as such child remains in an unfit state for vaccination 
 and unvaccinated, shall at the expiration of every succeeding period of two calendar 
 months deliver, if required, to the said father or mother of such child, or person 
 having the care, nuiture, or custody of such child, a fresh certificate under his hand 
 according to the said form of schedule ; and the production of such certificate shall 
 be a sufficient defence against any complaint which shall be brought against the 
 said father or mother, or person having the care, nurture, or custody of such child 
 for noncompliance with the provisions of this Act. 
 
 Rales of Payment for Vaccination in Contracts hi/ Guardians or Overseers. 
 
 VI. In all contracts to be hereafter made under the provisions of the first-recited 
 Act by any guardians or overseers of the po(jr with any medical officers orpractitioners 
 for the vaccination of the persons resident in their respective unions or parishes the 
 sums contracted to be paid shall not be less than the following rates ; that is to say, 
 for every person successfully vaccinated at the residence of such medical officer or 
 practitioner, or within two miles therefrom by the nearest public road, a sum not less
 
 APPENDIX. 319 
 
 than one shilling' and sixpence, and for every person successfully vaccinated at any 
 place more than two miles distant from such residence any sum not less than two 
 shillings and sixpence. 
 
 CldhVs Incapacity to receive the Vaccine Disease to he certified. 
 
 VII. In the event of any medical practitioner acting under the provisions of 
 this Act beinj; of opinion that any child that has been vaccinated by him is insus- 
 ceptible of the vaccine disease, he shall deliver to the father or mother, or person 
 having the care, nurture, or custody of such child, a Orrtificate under his hand 
 according to the form of Schedule herein-after inserted, marked (D.) ; and the pro- 
 duction of such certificate shall be a sufficient defence against any complaint which 
 may be brought against the said father, mother, or person having the care, nurture, 
 or custody of such child for noncompliance with the provisions of this Act, 
 
 Registrars of Births and Deaths to Iceep a Register of Cases of successful Vac- 
 cination, of which Searches and Extracts may be made. 
 
 VIII. The registrar of births and deaths in every sub-district in which the 
 operation has been performed shall keep a register of the persons of whose success- 
 ful vaccination a certificate shall have been transniitted to him as above provided by 
 the said medical officer or practitioner, and shall at all reasonable times allow 
 searches ti> be made of any such register book in his keeping, and shall give a copy, 
 certified under his hand, of any entry or entries in the same, on payment of the fee 
 of one shilling for each search, and sixpence for each certifi.cate. 
 
 Notice to be given of the Requirement of Vaccination, and on Failure of Parent 
 or Guardian to comply therewith, Penalty. 
 
 TX. The registrar of births and deaths in every sub-district sh;dl, on or within 
 seven days after the registration of the birtli of any child not alreiidy vaccinated 
 within tlie said sub-district, give notice in writing in manner herein-after directed, 
 and according to tiie form of Seliedule herein-after inserted, marked (C), to the 
 father or mother of such cluld, or in the event of the death, illness, absence, or in- 
 ability from sickness or otherwise of the father and mother, then to the person upon 
 whom the care, nurture, or custody of such child shall have devolved, that it is 
 the duty of such father or mother, or person having the care, nurture, or custody of 
 such child as aforesaid, to take care that the said child shall be vaccinated in the 
 manner directed by this Act, and shall together therewith deliver to such person a 
 notice of the days, hours, and places within the district of such registrar at which 
 the medical officer or practitioner as herein-before provided will attend for the 
 purpose of vaccination ; and if after such notice the father or mother of the said 
 child, or the person so having as aforesaid the care, nurture, or custody of the said 
 child, sliall not cause such ciiikl to be vaccinated, or shall not on the ei^jhth day 
 after the vaccination has been performed take or cause to be taken such child for 
 inspection according to the jjrovisions in this Act respectively contained, then such 
 father or mother, or person having the care, nurture, or custody of such child as 
 aforesaid, so offending, shall forfeit a sum not exceeding twenty shillings. 
 
 Fee to Registrar. 
 
 X. A fee of threepence shall be paid to such registrar for each child vaccinated in 
 respect of which he shall have peiformed the duties reqViired in this Act ; and he 
 shall keep a book, to be provided as herein-after directed, containing a minute of 
 his having duly given such notice as herein-before directed ; and the s.aid fee shall 
 be payal)le in the same manner as the fee now payable to such registrar for regis- 
 tering the birth of such child as aforesaid is paid. 
 
 Registrar General to provide Boohs and Forms for carrying out the Provisions 
 
 of this Act. 
 
 XI. The Registrar General for England and Wales shall and he is empowered 
 and directed, within two mouths after the passing of this Act, to frame and provide
 
 320 APPENDIX. 
 
 such books, forms, aud regulations aa he may deem requisite for carrying into full 
 effect the provisions of this Act, and shall transmit the same to the superintendent 
 registrars of each district in England and Wales, who shall deliver to the medical 
 officers so appointed as aforesaid, and other duly qualified medical practitioners in 
 the said district, such of the said books, forms, and regulations as they may require 
 for the performance of the duties imposed upon them by this Act ; and the ex- 
 penses to be incurred by the Registrar General under the provisions of this Act 
 shall be defrayed in the same manner as the expenses under the Act of the sixth 
 and seventh years of King William the Fourth, chapter eighty-five. 
 
 Recovery of Penalties. 
 
 XII. All penalties by this Act imposed shall be recoverable before any two jus- 
 tices of the peace for the county, city, borough, or place where the offence may have 
 been committed ; and the provisions of the Act of the twelfth year of Her present 
 Majesty, chapter forty-three, shall be applicable to the recovery of such penalties. 
 
 Application of Penalties. 
 
 XIII. All penalties recovered under this Act shall be applied in aid of the 
 funds applicable to the relief of the poor in the parish or place maintaining its own 
 jioor wherein the offence may have been committed. 
 
 SCHEDULES referred to by this Act. 
 
 SCHEDULE (A.) 
 
 I, the undersigned, hereby certify, that the child of 
 
 atred of the parish of in the county of 
 
 has been successfully vaccinated by me. 
 
 Dated this day of 185 . 
 
 (Signed) A.B. 
 Surgeon of the union or parish 
 (or other medical practitioner, 
 as the case may he). 
 
 SCHEDULE (B.) 
 
 I, the undersigned, hereby certify, that I am of opinion that 
 the child of of the parish of in the county 
 
 Qf ao'ed is not now in a fit and proper state 
 
 to be successfully vaccinated, and I do hereby postpone the vaccination until 
 the day of 
 
 Dated this day of 185 . 
 
 (Signed) A.B. 
 Surjieon of the union or parish 
 {or other medical practitioner, 
 as the case may be). 
 
 SCHEDULE (C.) 
 
 I the undersigned, hereby give you notice, and require you to have CD. 
 
 vaccinated within three (or four, as the case may be, according to the second section 
 
 of this Act,) months after the birth, pursuant to the provisions and directions of 
 
 the Act of the 16 Victoria, cap. . As witness my hand this 
 
 day of 185 . 
 
 J .B. 
 
 Registrar of births and deaths for 
 tlie sub-district '^05 
 
 the case may be).
 
 APPENDIX. 321 
 
 SCHEDULE (D.) 
 
 I, the undersigned, hereby certify, that I am of opinion, that 
 the child of of the parish of in the county 
 
 of is insusceptible of the vaccine disease. 
 
 Dated this day of 18 . 
 
 Signed, 4. B., surgeon of the union or parish 
 of (or other medical prac- 
 
 titioner, as the case may be). 
 
 ANNO TRICESIMO & TRICESIMO PRIMO VICTORIA REGIN^. 
 CAP. LXXXIV. 
 
 An Act to consolidate and amend the Laws relating to Vaccination. 
 
 [i2th August 1867.] 
 
 WHEREAS it is experlient to consolidate and amend the statutes relating to 
 vaccination in Ewjland : Be it therefore enacted by the Queen's most 
 excellent Majesty, by and with the advice and consent of the Lords Spiritual and 
 Temporal, and Commons, in this present Parliament assembled, and by the authority 
 of the same, as follows: 
 
 Acts and Parts of Acts herein named repealed on and after January 1, 1868. 
 
 1. From and after the day when this Act shall come into operation as herein- 
 after provided, the statute of the third and fourth years of the reign of Her IMajesty, 
 chapter twenty- nine, that of the fourth and fifth years of the same reign, chapter 
 thirty-two, that of the sixteenth and seventeenth years of the same reign, chapter 
 one hundred, the seventh section of the statute of the twenty-fiist and twenty- 
 second years of the same reign, chapter twenty-five, the second section of the 
 statute of the twenty-first and twenty-second years of the same reign, chapter 
 ninety-seven, and the statute of the twenty-fourth and twenty-fifth years of the 
 same reign, chapter fifty- nine, shall be repealed, — 
 
 Exceptions. 
 
 Except in regard to the divisions and districts of unions and parishes previously 
 made, and to all contracts under the said statutes then in force, and to all Acts and 
 proceedings duly commenced under the same, and not then completed, and except 
 in regard to all liabilities and responsibilities incurred under the same, all which 
 shall reiiiain in as full force as if the same statutes hatl not been repealed, unless 
 they be in any respect inconsistent with the provisions herein contained. 
 
 Guardians to divide Unions and Parishes into Vaccination Districts, or to consolidate 
 or alter them, subject to Approval of the Poor Law Board. 
 
 2. The guardians of every union or parish where the same shall not have been 
 divided into districts for the purpose of vaccination shall, unless such union or 
 parish respectively shall be of so limited an area as not to require subdivision, in 
 which case the same shall be treated as a vaccination district within the meaning 
 hereof, forthwith divide the union or parish for which they act into districts lor the 
 performance of vaccination ; and when the Poor Law Board shall by their order 
 require any districts for the time being to be consolidated or otherwise altered, the 
 guardians shall proceed to consolidate or alter the same, and they shall in every 
 such case of division, consolidation, or alteration report their proposal to the Poor 
 Law Board for their approval, which board shall approve or disapprove of the 
 same as they see fit ; and the guardians of every union or parish may, with like 
 
 Y
 
 322 APPENDIX. 
 
 approval, from time to time as they shall find it requisite, alter the districts here- 
 tofore formed or hereafter to be formed for the purpose of vaccination. 
 
 If the Board do not approve, another Scheme to he prepared; when approved. 
 Guardians to contract for Performance of Vaccination. 
 
 3. If the said board disapprove of the proposal the guardians shall forthwith 
 proceed to prepare another, and submit the same to the said board for approval, and 
 80 on from time to time as shall be requisite until their proposal shall be approved, 
 and when the said board shall have approved of the same the guardians shall enter 
 into a contract with some duly registered medical practitioner for the performance of 
 vaccination of all persons resident within each district ; and every such medical prac- 
 titioner shall be termed the public vaccinator of the district; and as and when the 
 contracts now existing shall determine the guardians shall enter into others, with such 
 modifications as the circumstances shall render necessary, subject to the like 
 approval of the Poor Law Board as aforesaid. 
 
 Qualification of Vaccinator to be prescribed by Lords of the Privy Council, 
 and other Megulations to be prescribed by them. 
 
 4. No person shall be appointed a public vaccinator, or act as deputy for a 
 public vaccinator who shall not possess the qualification heretofore prescribed by 
 the Lords of Her Majesty's Council, or such as shall be from time to time hereafter 
 prescribed by them, except when such Lords shall upon suSicient cause sanction 
 any departure from their directions ; and ail such regulations as the said Lords 
 have heretofore made or shall hereafter make, which they are hereby authorized to 
 make, to secure the efficient performance of vaccination or the provision and 
 supply of vaccine lymph by the public vaccinator, and all such directions or 
 regulations as the said Lords acting under any Act for the prevention of diseases 
 may issue in relation to smallpox, shall be duly observed by the several persons to 
 whom they apply ; and the said Lords may from time to time cause such inquiries 
 to be made relating to the observance of such regulations and to the execution of 
 this Act as to them shall seem fit, and shall direct how any money hereafter to be 
 provided by Parliament for or towards defraying the expenses of the national 
 vaccine establishment, or otherwise providing for the supply of vaccine lymph, 
 Bhall be applied. 
 
 As to Allowances to Public Vaccinators. 
 
 5. On reports made to the Lords of Her Majesty's Council with regard to the 
 number and quality of the vaccinations performed in the several vaccination 
 districts of England, or any of them, the said Lords may from time to time, out of 
 monies provided by Parliament, and under regulations to be approved by the 
 Lords Commissioners of Her Majesty's Treasury, authorize to be paid to any public 
 vaccinators, in addition to the payments received by them from guardians or 
 overseers, further payments not exceeding in any case the rate of one shilling for 
 each child whom the vaccinator has successfully vaccinated during the time to 
 which the award of the said Lords of the Council relates. 
 
 As to Fees payable for Vaccination. 
 
 6. Every such contract for vaccination shall provide for payment in respect 
 only of the successful vaccination of persons, and so that the rate of payment for 
 primary vaccinations shall be not less than the following ; that is to say, for every 
 puch vaccination done at an appointed station situated at or within one mile from 
 the residence of the vaccinator, or in the workhouse of the union or parish, not less 
 than one shilling and sixpence ; and for every such vaccination done at any 
 station over one mile and under two miles distant from his residence, not less than 
 two shillings ; and for every sucli vaccination done at any station over two miles 
 distant from his residence, not less than three shillings ; such distance being 
 measured according to the nearest public carriage road ; but in respect of success- 
 ful vaccinations performed elsewhere than at a station or in the workhouse as 
 aforesaid, the payment shall be according to the terms specified in the contract as 
 approved of by the Poor Law Board.
 
 APPENDIX. 323 
 
 Conditions may he imposed in the Contracts to secure due Vaccination of Persons. 
 
 7. The guardians shall, with the consent of the Poor Law Board, make stipula- 
 tions and conditions in their contracts to secure the due vaccination of persons, 
 the observance of the provisions of this Act with regard to the transmission of the 
 certificate of successful vaccination, and the fulfilment of all other provisions of 
 this Act on the part of the public vaccinator, and shall provide all stations at 
 which the vaccination shall be appointed to be performed other than the surgery 
 or residence of the public vaccinator. 
 
 Provision for Pe-vnccination. 
 
 8. The provisions of the contracts entered into before this Act comes into 
 operation shall not after the thirty-first day of December next a})ply to the cases of 
 persons who having been previously successfully vaccinated shall be re-vaccinated, 
 but if the Lords of Her Majesty's Council shall have issued or shall hereafter issue 
 regulations in respect of the re- vaccination of persons who may apply to be re- 
 vaccinated, which such Lords are hereby authorized to do, the guardians shall pay 
 in respect of every case of successful re-vaccination performed in conformity with 
 such regulations under such contracts or under new contracts entered into after 
 the date hereof a sum amounting to two-thirds of the fee payable upon each case 
 of successful primary vaccination. 
 
 Contract not valid unless approved of by the Poor Law Board, who may 
 determine the same at any Time. 
 
 9. No contract for vaccination entered into under the provisions of this Act 
 shall be valid until the same shall have been approved of by the Poor Law Board, 
 and such board may, at their discretion, upon the application of the Tjords of Her 
 Majesty's Council or otherwise, at any time after the sivnie shall have been 
 approved of by them, determine it either forthwith or at a future day. 
 
 No Payment to he made out of the Poor Rate or any other pullic Fund unless the 
 Poor Law Board have approved of the Contract. 
 
 10. No payment in respect of vaccination shall be made out of the common 
 fund of any union, or out of the poor rate of any parish, or out of any other public 
 or parochial fund, where the Poor Law Board shall not have ayiprovedofa contract 
 for the performance thereof, or after they shall have determined any such contract ; 
 and every payment made contrary hereto shall be disallowed by the auditor in 
 the accounts of every board of guardians, or of the overseers, or of any officer who 
 shall have made the same. 
 
 No Puhlic Vaccinator to be paid foi' Vaccination out of his District. 
 
 11. Where a district shall have been or shall be assigned to a vaccinator, he 
 shall not be entitled to be paid a fee in respect of the vaccination or re-vaccination 
 of any child or other person resident out of his district, except in case of a vacancy 
 in the oflice of vaccinator in any adjoining district, or of the default of the 
 vaccinator therein, of which default notice shall have been given to him in writing 
 by the guardians, or when a relieving officer of his union or parish shall in w^riting 
 refer any child to him for vaccination. 
 
 Provision for Districts in particular Places of scanty Population. 
 
 12. The guardians may with the consent of the Poor Law Board provide in 
 districts wlieie the population is scanty or much scattered, or where some peculiar 
 circumstances may render it expedient for them to do so, for the attendance of the 
 public vaccinator at the appointeil places after intervals exceeding three months ; 
 and if by reason of such intervals the vaccination of any child cannot be performed 
 within the respective periods herein prescribed, no parent or other person who 
 would otherwise be liable shall be liable to any penalty in respect of a neglect to 
 procure the vaccination during any such period ; but every such parent or other 
 
 Y 2
 
 324 APPENDIX, 
 
 person shall be bound to procure such vaccination to be performed at the time and 
 place so appointed before the commencement of the next interval, unless it be 
 otherwise performed by a medical practitioner as herein provided, or unless the 
 child shall be certified to be then in an unfit state for or insusceptible of vaccination. 
 
 Guardians to give Notice of Alteratimi in Districts. 
 
 13. When the guardians make any alteration in a' vaccination district, or other- 
 wise in the local arrangements for vaccination, they shall give public notice of 
 such alteration by printed papers to be affixed in the districts affected by such 
 alteration for one month prior to the alteration taking effect. 
 
 Tlie Rigistrar- General to provide Forms. 
 
 14. The Registrar-General for England and Wales shall, when he shall deem it 
 necessary, from time to time as occasion shall require, after the passing of tliis 
 Act, frame and pruvide appropriate books, forms, and regulations for the use and 
 guidance of the registrars in the exercise of their duties therein prescribed, and also 
 such forms as shall be recjuired for the use of the public vaccinators and the sig- 
 nature of the medical practitioners under the provisions of this Act, and shall 
 transmit the same to all registrars of births and deaths, who shall retain such as 
 relate to themselves, and distribute among the vaccinators within their respective 
 ilistricts such as relate to them without any fee or reward. 
 
 Registrar of Births to deliver Notice of Vaccination to Parent or other Person 
 registering Birth. 
 
 15. The registrar of births shall, on or within seven days after the registration 
 with him of the birth of any child not already vaccinated, give a notice, according 
 to the form in the schedule hereto annexed marked A., or to tlie like effect, to the 
 parent, or, in the event of the death, illness, absence, or inability of the parent, to 
 the person having the custody of such child, if known to him, requiring such child 
 to be duly vaccinated according to the pi-ovisions of this Act, and specifying the 
 days, hours, and plaees where the public vaccinator of the vaccination district 
 wherein such child resides, or the vaccinator of any station duly authorized by the 
 Lords of Her Majesty's Council, will attend for the purpose of performing the 
 operation, to which notice forms according to those in the said schedule marked 
 B., C, and D., and also the address of the registrar giving the notice, shall be 
 attached in such form as the Registrar- General shall deem most convenient. 
 
 Parent or other Person to procure the Vaccination of Child within Three Months. 
 
 16. The parent of every child born in England shall within three months after 
 the birth of such child, or where, by reason of the death, illness, absence, or 
 inability .)f the parent or other cause, any other person shall have the custody of 
 such child, such person shall, within three months after receiving the custody of 
 such ciiild, take it or cause it to be taken to the public vaccinator of the vaccination 
 district in which it shall be then resident, according to the provisions of this or 
 any other Act, to be vaccinated, or shall within such period as aforesaid cause it to 
 be vaccinated by some medical practitioner; and the public vaccinator to whom 
 such child shall be so brought is hereby required, with all reasonable despatch, 
 subject to the conditions herein-after mentioned, to vaccinate such child. 
 
 Provision for Inspection of Vaccination. 
 
 17. Upon the same day in the following week when the operation shall have 
 been performed by the public vaccinator such parent or other person, as the case 
 may be, shall again take the child or cause it to be taken to him or to his deputy 
 that he may inspect it, and ascertain the result of the operation, and if he see fit, 
 take from such child lymph for the performance of other vaccinations ; and in the 
 event of the vaccination being unsuccessful such parent or other person shall, if 
 the vaccinator so direct, cause the child to be forthwith again vaccinated and 
 inspected as on the previous occasion.
 
 APPENDIX. 825 
 
 Provision for the Unfitness of the Child for Vaccination. 
 
 18. If any public vaccinator or medical practitioner shall be of opinion that 
 the child is not in a fit and proper state to be succes.sfuUy vaccinated he shall 
 forthwith deliver to the parent or other person having the custody of such child a 
 certificate under his hand according to the form in the schedule hereto annexed 
 marked 13., or to the like eflfect, that the child is then in a stale unfit for successful 
 vaccination, which certificate shall remain in force for two months, and shall be 
 renewable for successive periods of two months until a public vaccinator or medical 
 practitioner shall deem the child to be in a fit state for successful vaccination, when 
 the child shall, with all reasonable despatch, be vaccinated, and the certificate of 
 successful vaccination duly given if warranted by the result. 
 
 Provision for successive Certificates. 
 
 19. At or before the end of each successive period the parent or such person as 
 aforesaid shall take or cause the child to be taken to some public vaccinator or 
 medical practitioner, who shall then examine the child, and give the certificate 
 according to the said form B., so long as he deems requisite under the circumstances 
 of the case. 
 
 Provision for Insusceptibility of successful Vaccination. 
 
 20. If any such public vaccinator or medical practitioner shall find that a child 
 whom he has three times unsuccessfully vaccinated is insusceptible of successful 
 vaccination, or that a child brought to him for vaccination has already had the 
 smallpox, he shall deliver to the parent or other person as aforesaid a certificate 
 under his hand according to the form in the schedule hereunto annexed marked C, 
 or to the like effect, and the parent or such person as aforesaid shall thenceforth 
 not be required to cause the child to be vaccinated. 
 
 Certificate of successful Vaccination to be transmitted to the Ragistrar, and a 
 Duplicate f/iven to the Parent, 
 
 21. Every public vaccinator who shall have performed the operation of vacci- 
 nation upon any child, and have ascertained that the same has been successful, 
 shall, within twenty-one days after the performance of the operation, transmit by 
 post or otherwise a certificate according to form 1). in the same schedule, or to the 
 like effect, certifying that the said child has been successfully vaccinated, to the 
 registrar of births and deaths in the district within which the birth was regis- 
 tered, but if such district be not known to him, or if the birth of the child shall 
 not have been registered, to the registrar within whose district the operation shall 
 have been performed, and upon request shall deliver a duplicate thereof to the 
 parent or other person as aforesaid. 
 
 No Fee to be charged for Certificate. 
 
 22. No fee or remuneration shall be charged by the public vaccinator to the 
 parent or other person for any such certificate or duplicate certificate as aforesaid, 
 nor for any vaccination done under his contract, nor shall he be entitled to pay- 
 ment under his contract for any vaccination in respect of which he shall have been 
 paid by the parent or other person for whom or on whom it is performed ; and if 
 he should have received payment under his contract he shall not be entitled to 
 recover payment for the vaccination from any other person. 
 
 Parent, d:c. to transmit Certificate of successful Vaccination by Medical 
 Practitioner to Registrar of District. 
 
 23. Where the vaccination shall be successfully performed by a medical practi- 
 tioner not being a public vaccinator, the parent or other person as aforesaid causing 
 the child to be vaccinated shall submit a certificate according to the said form 
 marked D. to such medical practitioner, to be filled up and signed by him, and 
 shall within twenty-one days after the performance of the operation transmit the
 
 olb APPENDIX. 
 
 same so signed, by post or otherwise, to the registrar of the district where the birth 
 of such child was registered, or if such child siiall not have been registered, or the 
 district of the registration shall not be known to such parent or other person, to the 
 registrar of the district in which the operation shall have been performed. 
 
 Registrar to Jceep Books and Register of Vaccination to he open to Searches. 
 Fees for Searches and Cojnes. Proviso. 
 
 24. Every registrar shall keep a book in which he shall enter minutes of the 
 notices of vaccination given by him as herein required, and also register the certifi- 
 cates transmitted to him as herein provided, and sliall at all reasonable times allow 
 searches to be made therein, and upon demand give a copy under his hand or under 
 that of his deputy of any entry in the same, on payment of a fee of sixpence for 
 each search and threepence for each copy ; and every registrar shall receive a fee 
 of one penny in respect of every child whose birth he shall have registered, and in 
 respect of whom he shall give the notice as aforesaid, and another fee of threepence 
 in respect of every such ciiild whose certificate he shall have registered as herein 
 provided, and he shall receive a fee of one penny in re-<pect of each child whose 
 certificate he shall have registered without having registered the birth : Provided 
 that no fee shall be charged for any search made by a public vaccinator, or any 
 officer of the guardians, authorized by them to make such search, or any inspector 
 appointed by the Poor Law Board or the Lords of Her Majesty's Council. 
 
 Registrar to be paid Fees by the Boards of Guardians. 
 
 25. The registrar shall make out an account of the fees to which he shall be 
 entitled under tbis Act at the usual quarter days of the year, and submit the same 
 to the guardians of the union or parish for which he acts, and they shall, after 
 examining the same and comparing with the register of successful vaccinations 
 kept by him and finding the account to be correct, forthwith pay the amount of 
 the same out of the funds in their possession. 
 
 Vaccination declared to be not Parochial Relief so as to disqualify. 
 
 26. It is hereby declared, that the vaccination, or the surgical or medical assis- 
 tance incident to the vaccination, of any person in a union or parish, heretofore or 
 hereafter performed or rendered by a public vaccinator, shall not be considered to 
 be parochial relief, alms, or charitable allowance to such person or his parent, and 
 no such person or his parent shall by reason thereof be deprived of any right or 
 privilege, or be subject to any disability or disqualification. 
 
 Half-yearly Proceedings by Registrars and Guardians. 
 
 27. The registrar of each district shall, within one week after the first day of 
 January and the first day of July in each year, make a list of all cases in which 
 certificates of vaccination have not been duly received by him during the last pre- 
 ceding half year, and shall submit the same to the next meeting of the guardians of 
 the union or parish wherein he acts, and the said guardians shall forthwith make 
 inquiry into the circumstances of the cases contained in the list, and if they find 
 that the provisions of the Act have been neglected shall cause proceedings to be 
 taken against the persons in default. 
 
 Power to Guardians to pay certain Expenses out of their Funds. 
 
 28. The guardians of any union or parish may pay out of their funds all reason- 
 able expenses incurred by them in causing notices to be printed and circulated as 
 to the provisions of this Act, and in and about inquiries and reports as to the state 
 of smallpox or vaccination in their union or parish, and in taking measures to pre- 
 vent the spread of smallpox and to promote vaccination upon any actual or ex- 
 pected outbreak of that disease therein, and may pay any officer apnointed by them 
 to prosecute persons chaiged v\ith offences against this Act, or othe'rwise to enforce 
 its provisions.
 
 APPENDIX. 327 
 
 Penalty on Parent, Ac. neglecting to procure Vaccination of the Cfiild, 
 
 29. Every parent or person having the custodv" of a child who shill neglect to 
 take such child or to cause it to be taken to be vaccinated, or after vaccination to 
 be inspected, according to the ))rGvisioii8i>f this Act, and shall not render a reason- 
 able excuse for his neglect, shall he guilty of an offence, and be liable to be pro- 
 ceeded against summarily, and upon conviction to pay a penalty not exceeding 
 twenty shillings. 
 
 Penalty on Vaccinator and Parent neglecting to transmit Certificate, and 
 Persons signing false Certificates. 
 
 30. Every public vaccinator, parent or person, as the case shall require, wlio 
 shall neglect to transmit any certificate required of him' by the provisions of this 
 Act completely filled up and legibly written to the registrar within the time herein 
 specified, and every public vaccinator who shall refuse to deliver the duplicate to 
 the parent or other person, on re(iuest, and every medical practitioner who shall 
 refuse to fill up and sign the certificate of successful vaccination when submitted 
 to him as aforesaid, shall be liable to pay upon a summary conviction a penalty 
 not exceeding twenty shillings ; and every person who shall wilfully sign a false 
 certificate or duplicate under this Act shall be guilty of a misdemeanor, and 
 punishable accordingly. 
 
 Justices may make an Order for the Vaccination of any Child under 14 Tears, 
 Penalty for Disobedience. Proviso for Costs to Person improperly summoned. 
 
 31. If any registrar, or any officer appointed bj' the guardians to enforce the 
 provisions of this Act, shall give information in writing to a justice of the peace 
 that he has reason to believe that any child under the age of fourteen years, being 
 within the union or parish for which the informant acts, has not been successfully 
 vaccinated, and that he has given notice to the parent or person having the custody 
 of such child to procure its being vaccinated, and that this notice has been disre- 
 garded, the justice may suuimon such parent or person to appear with the child 
 before liim at a certain time and place, and upon the appearance, if the justice 
 shall find, after such examination as hi shall deem neci-ssary, that the child has 
 not been vaccinated, nor has already had the smallpox, he may, if he see fit, make 
 an order under his hand and seal directing such child to be vaccinated within a 
 certain time ; and if at the ex[)iration of such time the child shall not have been so 
 vaccinated, or shall not be shown to be then unfit to be vaccinated, or to be in- 
 .susceptible of vaccination, the person upon v.hoin such order shall have been made 
 shall be proceeded at; linst summarily, and, unless he can show some reasonable 
 ground for his omission to carry the order into effect, shall be liable to a penalty 
 not exceeding twenty shillings : 
 
 Provided that if the justice shall be of opinion that the person is improperly 
 brought before him, and shall refuse to make any order for the vaccination of the 
 child, he may order the informant to pay to such person such sum of money as he 
 shall consider to be a fair compensation for his expenses and loss of time in attend- 
 ing before the justice. 
 
 Penalty upon Persons inoculating icitli Smallpox, 
 
 32. Any person who shall after the passing of this Act produce or attempt to 
 produce in any person by inoculation with variolous matter, or by wilful exj>osure 
 to variolous matter, or to any matter, article, or thing impregnated with variolous 
 matter, or wilfully by any other means whatsoever produce, the disease of small- 
 pox in any person, shall be guilty of an offence, and shall be liable to be proceeded 
 against summarily, and upon conviction to be imprisoned for any term not ex- 
 ceeding otae month. 
 
 11 tt- 12 Vict. c. 43., except Sect. 11., Sect. 59 o/ 7 <t S Vict. c. 101., and Sect. 
 9 of 28 tt 29 Vict. c. 79. to apply to these Proceedings. 
 
 33. The statute of the eleventh and twelfth Victoria, chapter forty- three, except 
 section eleven, shall apply to all proceedings to be taken under this Act ; and the
 
 328 APPENDIX. 
 
 ju3tices for the county, city, borough, or other place where the ofiPence shall have 
 been committed shall have jurisdiction to hear and determine the complaint, and 
 where a union or parish shall be comprised in several jurisdictions the complaint as 
 to any matter arising in such union or parish may be heard and determined in any 
 one of such jurisdictions ; and all prosecutions undertaken by the guardians or 
 their officers or any registrar under this Act shall be deemed to be within the 
 operation of the seventh and eighth Victoria, chapter one hundred and one, 
 section fifty-nine, and the Union Chargeability Act of 1865, section nine. 
 
 Notice not to he proved by Prosecutors. Certificates to he Defence. 
 
 34. In any prosecution for neglect to procure the vaccination of a child, it shall 
 not be necessary in support thereof to prove that the defendant had received notice 
 from the registrar or any other officer of the requirements of the law in this 
 respect ; but if the defendant produce any such certificate as herein-before 
 described, or the register of vaccinations kept by the registrar as herein-before pro- 
 vided, in which the certificate of successful vaccination of such child shall be duly 
 entered, the same shall be a sufficient defence for him, except in regard to the cer- 
 tificate marked B., when the time specified therein for the postponement of the 
 vaccination shall have expired before the time when the information shall have 
 been laid. 
 
 Interpretation of Terms. 
 
 35. The word "parent" shall include the father and mother of a legitimate child 
 and the mother of an illegitimate child; "medical practitioner" shall mean a 
 registered medical practitioner ; and the several words herein contained shall be 
 construed, except where any inconsistency would ensue from such construction, 
 in the same manner as in the several Acts for the amendment of the law for the 
 relief of the poor. 
 
 Sect. 7 o/ 21 ct 22 Vict. c. 97. to apply to Acts of Privy Council. 
 
 36. The seventh section of the Public Health Act, 1858, shall apply to all the 
 proceedings and acts of the Lords of Her Majesty's Council herein authorized. 
 
 Commencement of Act. Short Title. 
 
 37. This Act shall come into operation on the first day of January next, and 
 may be cited as " The Vaccination Act of 1867." 
 
 SCHEDULE OF FORMS. 
 
 A. 
 
 I, the undersigned hereby give you notice to have the child (insert name), 
 whose birth is now registered, vaccinated within three months from the date of its 
 birth, pursuant to the provisions and directions of the Vaccination Act ; and that 
 in default of your doing so you will be liable to the penalties thereby imposed for 
 neglect of those provisions. 
 
 If you intend to apply to the public vaccinator of your district I have to inform 
 you that he will attend at on 
 
 at the hour of 
 
 You are required to produce to the public vaccinator or medical practitioner 
 who may be applied to the forms herewith supplied for him to fill up and sign ; 
 and if the operation be performed by a medical practitioner who is not the public 
 vaccinator, you must transmit to nie by post or otherwise the certificate signed by 
 him within twenty-one days after the performance of the operation, or you will be 
 liable to a penalty of twenty shillings, to be recovered on a summary conviction. 
 
 Dated this day of 18 . 
 
 (Signed) CD., 
 
 registrar of births and deaths for the sub-district of 
 
 in the union or parish.
 
 APPENDIX. 329 
 
 B, 
 
 T, the undersigned, hereby certify, that I am of opinion that 
 the child of of in the parish or town- 
 
 ship of in the county or borough of 
 
 aged is not now in a fit and proper state to be successfully 
 
 vaccinated. I do hereby postpone the vaccination until the day of 
 
 (a). 
 
 Dated this day of 18 . 
 
 (Signed) A.B., 
 
 public vaccinator of the union 
 
 or parish. 
 
 orA.B., of 
 
 medical practitioner {i.e. M.D., L.A.C., or F.R.C.S., 
 or otherwise, as the case may be). 
 
 Mem. — Tliis is to be kept by the parent or other person to whom it is giren. 
 (a) This inust not exceed two calendar months from the date of the certificate. 
 
 C. 
 
 I, the undersigned, hereby certify, that I have times 
 
 unsuccessfully vaccinated the child of 
 
 of in the pariah or township of in the 
 
 county or borough of aged , [or that the child has already 
 
 had smallpox, as the case may 6e,] and 1 am of opinion that such child is insuscep- 
 tible of successful vaccination. 
 
 Dated this day of 18 . 
 
 (Signed) A.B., 
 
 public vaccinator of the union 
 
 or parish. 
 
 or A.B., of 
 
 medical practitioner (i.e. M.D., L.A.C., or F.E.C.S., or 
 otherwise, as the case may be). 
 
 Mem. — This is to be kept by the parent or other person to whom it is given. 
 
 D. 
 
 I, the undersigned, hereby certify, that the child of 
 
 acred of in the parish or town- 
 
 ship of in the county or borough of has 
 
 been successfully vaccinated by me. 
 
 Dated this day of 18 . 
 
 (Signed) A.B., 
 
 public vaccinator of the union 
 
 or parish. 
 
 orA.B., of 
 
 medical practitioner {i.e. M.D., L.A.C., or F.R.C.S., or 
 otherwise, as the case may be). 
 
 Notice. — This certificate is to be transmitted within twenty-one days from the 
 performance of the operation by the public vaccinator to the registrar of the district 
 in xchich the birth was registered, or, if that be not known to him, to the registrar of
 
 330 APPENDIX. 
 
 the distnct in which the operation was performed. A duplicate is to be given to 
 the parent, or other person, procurinij the vaccination, if required. 
 
 When the vaccination is performed by a medical practitioner, not the public vac- 
 cinator of the district, he is to Jill up and sign this certificate, and the parent or such 
 other person is within the same time to transmit it to the registrar with whom the 
 birth was registered, or, if his district be not known to such parent or other person, 
 to the registrar of the district in which the operation was i^erformed. 
 
 The transmission may be by post or otherwise. 
 
 In each case the Vaccination Act of 1867 imposes a penalty of twenty shillings 
 for default. 
 
 ANNO VICESIMO NONO VICTORIA REGIN^. 
 
 CAP. XXXV. 
 
 An Act for the better Prevention of Contagious Diseases at certain 
 Naval and Military Stations. [lltli June 1866.] 
 
 BE it enacted by the Queen's most excellent Majesty, by and with the advice 
 and consent of the Lords Spiritual and Temporal, and Commons, in this pre- 
 sent Parliament, assembled, and by the authority of the same, as follows : 
 
 Preliminary. 
 
 Short Title. 
 
 1. This Act may be cited as The Contagious Diseases Act, 1866. 
 
 Jntrepretation of Terms. 
 
 2. In this Act — 
 
 The term " contagious disease" means venereal disease, including gonorrhcea : 
 The term " police" means Metropolitan Police or other police or constabulary 
 
 authorized to act in any part of any place to which this Act applies : 
 The term " superintendent'' includes inspector : 
 The term " chief medical officer'' means the pricicipal physician or surgeon for 
 
 the tii>ie being attached to or doing duty at a hospital, or the house surgeon 
 
 or resident surgeon of the hos|)ital : 
 The term "justice" means a justice of the peace having jurisdiction in the 
 
 county, borough, or place where the matter requiring the cognizance of a 
 
 justice arises, or in any part of any place to which this Act applies : 
 The term " two justices" means two or more justices assembled and acting 
 
 together, and includes any police or stipendiary magistrate or other justice 
 
 having by law for any purpose the powers of two justices. 
 
 Act to commence from Sept. 30, 1866, and then 27 <fc 28 Vict. c. 85. to 
 cease to operate, except, <Lc. 
 
 3. This Act shall commence from and immediately after the thirtieth day of 
 September one thousand eight hundred and sixty-six, and on the commencement of 
 this Act the Cotita:^iou8 Diseases Prevention Act, 1864, shall cease to operate ; 
 but the discontinuance of that Act by this Act shall not affect the validity or in- 
 validity of anything done or suffered before the commencement of this Act ; and 
 that discontinuance or anything in this Act shall not apply to or in respect of any 
 offence, act, or thing committed or done or omitted before the commencement of 
 this Act ; and every such offence, act, or thing shall after and notwithstanding the 
 commencement of this Act have the same consequences and effect in all respects as 
 if the Contagious Diseases Prevention Act, 1864, had not been discontinued. 
 
 Every order of a justice under the said Act shall remain in force as if this Act 
 had not been passed.
 
 APPENDIX. 
 
 331 
 
 Every hospital certified under the said Act shall continue to be a certified 
 hospital, for the purposes of this Act, for tliree months after the comnjencement 
 of this Act, unless before the expiration of tiiat time tlie certificate is withdrawn 
 or the liosjiital is certified under this Act; and every liospital certified under this 
 Act sliail be deemed a certified hospital for the purposes of the said Act, as long 
 as the operation thereof continues for any purpose under this Act. 
 
 Extent of Act. 
 Act to extend only to places in Schedule. 
 
 4. The places to which this Act applies shall be the places mentioned in the 
 first scliedule to this Act, the limits of which places shall for the purposes of this 
 Act be such as are defined in that schedule. 
 
 Expenses of Execution of Act. 
 Expenses of Act to be defrayed by Admiralty. 
 
 5. Expenses incurred in the execution of this Act shall be paid under the direc- 
 tion of the Lord High Admiral of the United Kingdom or the commissioners for 
 executing the office of Lord High Admiral (hereafter in this Act styled the 
 Admiralty) and of such one of Her Majesty's principal Secretaries of State as Her 
 Majesty tliinks fit for the time being to intrust with the seals of the War Depart- 
 ment (hereafter in this Act styled tlie Secretary of State for War) out of money to 
 
 be provided by Parliament for that purpose. 
 
 Visiting Surgeons. 
 Appointment of Visiting Surf/eons and Assistants. 
 
 6. The Admiralty or the Secretary of State for War may, on the commence- 
 ment of this Act, appoint a medical officer for each of the places to which this Act 
 applies, to be, during pleasure, visiting surgeon there for the purposes of this Act, 
 and may from time to time, on the death, resignation, or removal from office of 
 any visiting surgeon, appoint another such officer in his stead. 
 
 The Admiralty or the Secretary of State for War may, from time to time as 
 occasion requires, appoint a medical officer to be the assistant of any such visiting 
 surgeon ; and every such assistant sliall have the like powers and duties as the 
 visiting surgeon to whom he is appointed assistant. 
 
 A notice of the appointment of every buch visiting surgeon and of every such 
 assistant shall be published in the London or Dublin Gazette according as the 
 place for which he is appointed is in England or in Ireland. 
 
 A copy of the Gazette containing such a notice shall be conclusive evidence of 
 the appointment. 
 
 Inspectoe of Hospitals. 
 
 Appointment of Inspector and Assistant Inspector of Certified Hospitals. 
 
 7. The Admiralty and the Secretary of State for War sliall, on the commence- 
 ment of this Act, appoint a medical officer to be, during pleasure, inspector of 
 certified hospitals under this Act, and shall from time to time, on the death, resig- 
 
 • nation, or removal from office of any such inspector, appoint another such officer 
 in his stead. 
 
 The Admiralty and the Secretary of State for War may, from time to tmie as 
 occasion requires, appoint a medical officer to be an assistant inspector of certified 
 hospitals under this Act, which assistant shall have the like powers and duties as 
 the inspector. 
 
 A notice of the appointment of every such inspector and of every such assistant 
 shall be published in the London Gazette. 
 
 A copy of the Gazette containing such a notice shall be conclusive evidence of 
 the appointment.
 
 332 APPENDIX. 
 
 Certified Hospitals. 
 Power to Admiralty, <i:c. to provide Hospitals, and certify them. 
 
 8. The Admiralty or the Secretary of State for War may from time to time 
 provide any buildings or parts of buildings as hospitals for the purposes of this Act, 
 and any building or part of a building so provided and certified in writing by the 
 Admiralty or Secretary of State for War (as the case may be) to be so provided 
 shall be deemed a certified hospital under this Act ; and every certified hospital so 
 provided shall be placed under the control or management of such persons as 
 to the Admiralty or the Secretary of State for War from time to time seem fit. 
 
 Power to certify other Hospitals. 
 
 9. The Admiralty or the Secretary of State for War may from time to time, on 
 such application or with such consent as to them or him seems requisite, and on 
 the report of the inspector of certified hospitals, certify in writing any building or 
 part of a building (not provided as a hospital by the Admiralty or Secretary of 
 State for War) to be useful and efficient as a hospital for the purposes of this Act, 
 and thereupon that building or part of a building shall be deemed a certified hospital 
 under this Act. 
 
 Inspection of Certified Hospitals. 
 
 10. The inspector of certified hospitals shall from time to time visit and inspect 
 every certified hospital. 
 
 Power to withdraw Certificate. 
 
 11. The Admiralty or the Secretary of State for War may at any time, by 
 declaration in writing, declare the certificate relative to any certified hospital with- 
 drawn as from a time specified in the declaration, and thereupon the same shall 
 cease to be a certified hospital as from the time so specified. 
 
 Provision for Moral and Religious Instruction, 
 
 12. A hospital shall not be certified under this Act unless at the time of the 
 granting of a certificate adequate provision is made for the moral and religious 
 instruction of the women detained therein under this Act ; and if at any subsequent 
 time it appears to the Admiralty or the Secretary of State for War that in any such 
 hospital adequate provision for that purpose is not made, the certificate of that 
 hospital shall be withdrawn. 
 
 Certificate and Declaration of Withdrawal to he gazetted. 
 
 13. Every certificate and every declaration of withdrawal of a certific?.te 
 relative to any hospital under this Act shall be published in the London or Dublin 
 Gazette, according as the hospital to which the certificate or declaration relates is 
 in England or in Ireland. 
 
 A copy of the Gazette containing any such certificate or declaration shall be 
 conclusive evidence of such certificate or declaration. 
 
 Every certificate proved to have been made shall be presumed to be in force 
 until the withdiawal thereof is proved. 
 
 Power to make Regulations for Certified Hospitals. A printed Copy of 
 Regulations to he Evidence. 
 
 14. The managers or persons having the control or management of each certi- 
 fied hospital shall make regulations for the management and government of the 
 hospital, as far as regards women authorized by this Act to be detained therein for 
 medical treatment, or being therein under medical treatment for a contagious 
 dinease, such regulations not being inconsistent with the provisions of this Act, and 
 may from time to time alter any such regulations ; but all such regulations, and all 
 alterations thereof, shall be subject to the approval in writing of the Admiralty or 
 the Secretary of State for War.
 
 APPENDIX. 333 
 
 ' A printed copy of regulations purporting to be regulations of a certified hospital 
 so approved, such copy being signed by the inspector of certified hopitals, or the 
 chief medical officer of the hosintal, shall be evidence of the regulations of the 
 hospital, and of the due making and approval thereof, for the purposes of this Act. 
 
 Periodical Medical Examinations. 
 On Information, Justice may issue Notice to Woman who is a common Prostitute. 
 
 15. Where an information on oath is laid before a justice by a superintendent 
 of police, charging to the eflfect that the informant has good cause to believe that a 
 woman therein named is a common prostitute, and either is resident within the 
 limits of any place to which this Act applies, or, being resident within five miles of 
 those limits, has, within fourteen days before the laying of the information, been 
 within tliose limits for the purpose of prostitution, the justice may, if he thinks fit, 
 issue a notice thereof addressed to such woman, which notice the superintendent 
 of police shall cause to be served on her : 
 
 Provided that nothing in this Act contained shall apply or extend, in the case 
 of Woolwich, to any woman who is not resident within one of the parishes of Wool- 
 vjich, Plumstead, or Charlton. 
 
 Power to Justice to order periodical Medical Examination. 
 
 16. In either of the following cases, namely, — 
 
 If the woman on whom such a notice is served appears herself, or by some 
 person on her behalf, at the time and place appointed in the notice, or at 
 some other time and place appointed by adjournment ; — 
 If she does not so appear, and it is shown (on oath) to the justice present that 
 the notice was served on her a leasonjible time before the time appointed for 
 her appearance, or that reasonable notice of such adjournment was given to 
 her (as the case may be), — 
 The justice present, on oath being made before him substantiating the matter of 
 the information to his satisfaction, may, if he thinks tit, order that the woman be 
 subject to a periodical medical examination by the visiting surgeon for any period 
 not exceeding one year, for the purpose of ascertaining at the time of each such 
 examination whether she is affected with a contagious disease ; and thereupon she 
 siiall be subject to such a periodical medical examination, and the order shall be a 
 suflScient warrant for the visiting surgeon to conduct such examination ac- 
 cordingly. 
 
 The order shall specify the time and place at which the woman shall attend for 
 the first examination. 
 
 The superintendent of police shall cause a copy of the order to be served on 
 the woman. 
 
 Voluntary Submission by Woman. 
 
 17. Any woman, in any place to which this Act applies, may voluntarily, by a 
 submission in writing signed by her in the presence of and attested by the super- 
 intendent of police, subject herself to a periodical medical examination under this 
 Act for any period not exceeding one year. 
 
 Power to mahe Regulations as to Examinations. 
 
 18. For each of the places to which this Act applies, either the Admiralty or 
 the Secretary of State for War (but not both for any one place) may from time to 
 time make regulations respecting the times and places of medical examinations 
 under this Act at that place, and generally respecting the arrangements for the 
 conduct there of those examinations ; and a copy of all such regulations from time 
 to time in force for each place shall be sent by the Admiralty or the Secretary of 
 State for War (as the case may be) to the clerk of the peace, town clerk (if any), 
 clerk of the justices, visiting surgeon, and superintendent of police.
 
 334 APPENDIX. 
 
 Visiting Surgeon to prescribe Times, tSsc. 
 
 19. The visiting surgeon, having regard to the regulations aforesaid and to the 
 circumstances of each case, shall at the first examination of each woman examined 
 by him, and afterwards from time to time as occasion requires, prescribe the times 
 and pluces at which she is required to attend again for examination ; and he shall 
 from time to time give or cause to be given to each such woman notice in writing 
 of the times and places so prescribed. 
 
 Detention in Hospital. 
 Certificate of Visiting Surgeon. 
 
 20. If on any such examination the woman examined is found to be affected 
 with a contagious disease, she sliall thereupon be liable to be detained in a certified 
 hospital subject and according to the provisions of this Act, and the visiting sur- 
 geon shall sign a certificate to the effect that she is affected with a contagious 
 disease, naming the certified hospital in which she is to be placed; and he shall 
 sio-n that certificate in triplicate, and shall cause one of the originals to be delivered 
 to the woman and the others to the superintendent of police. 
 
 Placing in Certified Hospital for Treatment. 
 
 21. Any woman to whom any such certificate of the visiting surgeon relates 
 may, if she thinks fit, proceed to the certified hospital named in that certificate, 
 and place herself there for medical treatment, but if after the certificate is delivered 
 to her she neglects or refuses to do so, the superintendent of police, or a constable 
 acting under" his orders, shall apprehend her, and convey her with all practicable 
 speed to that hospital, and place her there for medical treatment, and the certi- 
 ficate of the visiting surgeon shall be a sufficient authority to him for so doing. 
 
 Tlie reception of a woman in a certified hospital by the managers or persons 
 having the control or management thereof shall be deemed to be an undertaking by 
 them^o provide for her care and treatment, lodging, clothing, and food, during 
 her detention in the hospital. 
 
 Detention in Hospital. 
 
 22. Where a woman certified by the visiting surgeon to be affected with a con- 
 tagious disease places herself, or is placed as aforesaid, in a certified hospital for 
 medical treatment, she shall be detained there for that purpose by the chief medi- 
 cal officer of the hospital until discharged by him by wi-iting under his hand. 
 
 Tlie certificate of the visiting surgeon, one of the three originals whereof shall 
 be delivered by the superintendent of police to the chief medical officer, shall, when 
 so delivered, be sufficient authority for such detention. 
 
 Pov)er to transfer to another Certified Hospital. 
 
 23. The inspector of certified hospitals may, if in any case it seems to him ex- 
 pedient, by order in writing signed by him, direct the transfer of any woman 
 detained in a certified hospital for medical treatment from that certified hospital 
 to another named in the order. 
 
 Every such order shall be made in triplicate, and one of the originals shall be 
 delivered to the woman and the others to the superintendent of police. 
 
 Every such order shall be sufficient authority for the superintendent of police 
 or any person acting under his orders to transfer the woman to whom it relates 
 from the one hospital to the other, and to place her there for medical treatment ; 
 and she shall be detained there for that purpose by the chief medical officer of the 
 hospital until discharged by him by writing under his hand 
 
 The order of the inspector of certified hospitals, one of the originals whereof 
 shall be delivered by the su()erintendent of police to the chief medical officer of the 
 hospital to which the transfer ia made, shall when so delivered be sufficient 
 authority for such detention.
 
 APPENDIX. 335 
 
 Limitation of Detention. 
 
 24. Provided always, that any woman shall not be detained under any one 
 certiticate fur a longer time than three months, unless the chief medical officer of 
 the hospital in which she is detained, and the inspector of certified liospitals, or 
 visiting surgeon for the place whence she came or was brought, conjointly certify 
 that her further detention for medical treatment is requisite (which certificate shall 
 be in duplicate, and one of tlie originals thereof shall be delivered to the woman) ; 
 and in that case she may be further detained in the hospital in which she is at 
 the expiration of the said period of three months by the chief medical officer until 
 discharged by him by writing under his hand ; but so that any woman be not de- 
 tained under any one certificate for a longer time in the whole than six months. 
 
 Power for Woman detained to apply to Justice for Discharge. 
 
 25. If any woman detained in any hospital considers herself entitled to be dis- 
 charged therefrom, and the chief medical officer of the hospital refuses to discharge 
 her, such woman shall on her request be conveyed before a justice, who, if he is 
 satisfied upon reasonable evidence that she is free from a contagious disease, shall 
 discharge her from such hospital, and such order of discharge shall have the same 
 effect as the discharge of the chief medical officer. 
 
 During Conveyance to Certified Hospital, <i-c., Woman deemed to be 
 in legal Custody. 
 
 26. Every woman conveyed or transferred under this Act to a certified hospital 
 shall, while being so conveyed or transferred thither, and also while detained there, 
 be deemed to be legally in the custody of the person conveying, transferring, or 
 detaining her, notwithstanding that she is for that purpose removed out of one into 
 or through another jurisdiction, or is detained in a jurisdiction other than that in 
 wliich the certificate of the visiting surgeon was made. 
 
 Expenses of Womayi's Return Home. 
 
 27. Every woman shall, on her discharge from the hospital, be sent to the 
 place of her residence, if she so desires, without expense to herself. 
 
 Refusal to be examined, &c. 
 
 Punishment of Women fm' refusing to be examined, itc. 
 
 28. In the following cases, namely, — 
 
 If any woman subjected by order of a justice under this Act to periodical 
 medical examination at any time temporarily absents herself in order to 
 avoid submitting herself to sucii examination on any occasion on which she 
 ought so to submit herself, or refuses or wilfully neglects to submit herself 
 to such examination on any such occasion ; 
 If any woman authorized by this Act to be detained in a certified hospital for 
 medical treatment quits the hospital without being discharged therefrom 
 by the chief medical officer thereof by writing under his hand (the proof 
 whereof shall lie on the accused) ; 
 If any woman authorized by this Act to be detained in a certified hospital for 
 medical treatment, or any woman being in a certified hospital under medical 
 treatment of a contagious disease, refuses or wilfully neglects while in the 
 hospital to conform to the regulations thereof approved under this Act ; 
 Then and in every such case such woman shall be guilty of an offijnce against this 
 Act, and on sununary conviction shall be liable to imprisonment, with or without 
 hard labour, in the case of a first offence for any term not exceeding one month, and 
 in the case of a second or any subsequent offence for any term not exceeding three 
 months ; and in the case of the offence of quitting the hospital without being dis- 
 charged as aforesaid the woman may be talien into custody without warrant by any 
 constable.
 
 336 APPENDIX. 
 
 Effect of Order of Imprisonment for A bscnce, &c. from Examination. 
 
 29. If any woman is convicted of and imprisoned for the offence of absenting 
 herself or of refusing or neglecting to submit herself to examination as aforesaid, 
 the order subjecting her to periodical medical examination shall be in force after 
 and notwithstanding her imprisonment, unless the surgeon or other medical officer 
 of the prison, or a visiting surgeon appointed under this Act, at the time of her 
 discharge from imprisonment, certifies in writing to the effect that she is then free 
 from a contagious disease (the proof of which certificate shall lie on her), and in 
 that case the order subjecting her to periodical examination shall, on her discharge 
 from imprisonment, cease to operate. 
 
 Effect on Order of Imprisonment for quitting Hospital, &c. 
 
 30. If any woman is convicted of and imprisoned for the offence of quitting a 
 hospital without being discharged, or of refusing or neglecting while in a hospital 
 to conlbrm to the regulations thereof as aforesaid, the certificate of the visiting 
 suro-eon under which she was detained in the hospital shall continue in force, 
 and" on the expiration of her term of imprisonment she shall be sent back from 
 the prison to that certified hospital, and shall (notwithstanding anything in 
 this Act) be detained there under that certificate as if it were given on the day 
 of the expiration of her term of imprisonment, unless the surgeon or other 
 medical officer of the prison, or a visiting surgeon appointed under this Act, at 
 the time of her discharge from imprisonment, certifies in writing to the effect 
 that she is then free from a contagious disease (the proof of which certificate shall 
 lie on her), and in that case the certificate under which she was detained, and 
 the order subjecting her to periodical medical examination, shall, on her dis- 
 charge from imprisonment, cease to operate. 
 
 Penalty on Woman discharged uncured conducting herself as Prostitute. 
 
 31. If on any woman leaving a certified hospital a notice in writing is given 
 to her by the chief medical officer of the hospital to the effect that she is still 
 affected with a contagious disease, and she is afterwards in any place for the 
 purpose of prostitution without having previously received from a visiting sur- 
 e-eon appointed under this Act a certificate in writing endorsed on the notice or 
 on a copy thereof certified by the chief medical officer of the hospital (proof of 
 which certificate shall lie on her) to the effect that she is then iree from a contagious 
 disease, she shall be guilty of an offence against this Act, and on sumuaary convic- 
 tion before two justices shall be liable to be imprisoned with or without hard 
 labour, in the case of a first offence for any terai not exceeding one month, and in 
 the case of a second or any subsequent offence for any term not exceeding three 
 
 months. 
 
 Duration of Order. 
 
 Order to operate whenever Woman is resident in any Place where Order made, d:c. 
 
 32. Every order under this Act subjecting a woman to periodical medical 
 examTnation shall be in operation and enforceable, in manner in this Act provided, 
 as long as and whenever from time to time the womnn to whom it relates is resident 
 within the limits of the place to which this Act applies wherein the order was 
 made, or within five miles of those limits, but not in any case for a longer 
 period than one year ; and where the chief medical officer of a certified hospital, 
 on the discharge by him of any woman from the hospital, certifies that she is free 
 from a contagious disease (proof of which certificate shall lie on her), the order 
 subjectmg her to periodical examination shall thereupon cease to operate. 
 
 Relief from Examination. 
 
 Application for Relief from Examination. 
 
 33. If any woman subjected to a periodical medical examination under this Act 
 (either on her own subau.-^s.on or under the order of a justice), desiring to be
 
 APPENDIX. ■ 337 
 
 relieved therefrom, and not being under detention in a certified hospital, makes 
 application in writing in that behalf to a justice, the justice shall apjioirit by 
 notice in writing a time and place for the hearing of the application, and shall cause 
 the notice to be delivered to the applicant, and a copy of the application and of the 
 notice to be delivered to the superintendent of police. 
 
 Order for Relief from Examination on Discontinuance of Prostitution, dec. 
 
 34. If on the hearing of the application it is shown, to the satisfaction of a 
 justice, that the applicant has ceased to be a common prostitute, or if the applicant, 
 with the approval of the justice, enters into a recognizance, with or without sureties, 
 as to the justice seems meet, for her good behaviour during three months there- 
 after, the justice shall order that she be relieved from periodical medical examina- 
 tion. 
 
 Forfeiture of Recognizance by Return to Prostitution. 
 
 35. Every such recognizance shall be deemed to be forfeited if at any time 
 during the term for which it is entered into the woman to whom it relates is (within 
 the limits of any place to which this Act applies) in any public thoroughfare, street, 
 or place for the purpose of prostitution, or otherwise (witliiu those limits) conducts 
 herself as a common prostitute. 
 
 Penalties fob Harbodring, &c. 
 
 Penalties for permitting Prostitute having contagious Disease to resort to any 
 House, <L-c., for Prostitution. 
 
 36. If any person, being the owner or occupier of any house, room, or place 
 within the limits of any place to which this Act applies, or being a manager or 
 assistant in the man:igement thereof, having reasonable cause to believe any woman 
 to be a common prostitute and to be affected with a contagious disease induces or 
 suflers her to resort to or be in that house, room, or place for the purpose of prosti- 
 tution, he shall be guilty of an offence against this Act, and on summary conviction 
 thereof before two justices shall be liable to a penalty not exceeding twenty pounds, 
 or, at the discretiou of the justices, to be imprisoned for any term not exceeding six 
 months, with or without bard labour. 
 
 Provided that a conviction under this enactment shall not exempt the offender 
 from any penal or other consequences to which he may be liable tor keeping or 
 being concerned in keeping a bawdy house or disorderly house, or for the nuisance 
 thereby occasioned. 
 
 Procedure, &c. 
 
 Application of 11 tD 12 Vict. c. 43. and 14 <& 15 Vict. c. 93. to this Act. 
 
 37. All proceedings under this Act before and by justices shall be had in 
 England according to the provisions of the Act of the Session of the eleventh and 
 twelfth years of Her Majesty (chapter forty-three), " to facilitate the performance 
 of the duties of justices of the peace out of Sessions within England and Wales with 
 respect to summary convictions and orders," and in Ireland according to the pro- 
 visions of the Petty Sessions {Ireland) Act, 1851, as far as those provisions respec- 
 tively are not inconsistent with any provision of this Act, and save that the room 
 or place in which a justice sits to inquire into the truth of the statements contained 
 in any inforn)ation or application under this Act against or by a woman shall not 
 unless the woman so desires, be deemed an open court for that purpose ; and, un- 
 less the woman otherwise desires, the justice may, in his discretion, order that no 
 person have access to or be or remain in that room without his consent or per- 
 mission. 
 
 Forms in Second Schedule to he used. 
 
 38. The forms of certificates, orders, and other instruments given in the Second 
 Schedule to this Act, or forms to the like effect, with such variations and additions 
 as circumstances require, may be used for the purposes therein indicated and 
 according to the directions therein contained, and instruments in those forms shall 
 (as regards the form thereof) be valid and sufficient. 
 
 Z
 
 338 APPENDIX. 
 
 Instruments may he in Print, die. 
 
 39. Any certificate, order, notice, or other instrument made or issued for the 
 purposes of this Act may be partly in print and partly in writing. 
 
 Presumption as to Signatures of Justices, <L'C. 
 
 40. In any proceeding under this Act any notice, order, certificate, copy of 
 regulations, or other instrument purporting to be signed by a justice, superintendent 
 of police, visiting surgeon, assistant visiting surgeon, surgeon or other medical 
 officer of a prison, chief medical officer of a certified hospital, or the inspector or an 
 assistant inspector of certified hospitals, or by any person in Her Majesty's service 
 or in that of the Admiralty, shall on production be received in evidence, and shall 
 be presumed to have been duly signed by the person, and in the character by whom 
 and in which it purports to be signed, until the contrary is shown. 
 
 Mode of Service. 
 
 41. Every notice, order, or other instrument by this Act required to be served 
 on a woman shall be served by delivery thereof to some person for her at her usual 
 place of abode, or by delivery thereof to her personally. 
 
 Limitation of Actions, ffcc. 
 
 42. Any action or prosecution against any pei'son for anything done in pursuance 
 or execution or intended execution of this Act shall be laid and tried in the county 
 where the thing was done, and shall be commenced within three months after the 
 thing done, and not otherwise. 
 
 Notice in writing of every such action and of the cause thereof shall be given 
 to the intended defendant one month at least before the commencement of the action. 
 
 In any such action the defendant may plead generally that the act complained 
 of was done in pursuance or execution or intended execution of this Act, and 
 give this Act and the special matter in evidence at any trial to be had thereupon. 
 
 The plaintiff shall not recover if tender of sufficient amends is made before 
 action brought, or if a sufficient sum of money is paid into court after action 
 brought, by or on behalf of the defendant. 
 
 If a verdict passes for the defendant, or the plaintiff becomes nonsuit, or dis- 
 continues the action after issue joined, or if, on demurrer or otherwise, judgment 
 is given against the plaintiff, the defendant shall recover his full costs as between 
 attorney and client, and shall have the like remedy for the same as any defendant 
 has by law for costs in other cases. 
 
 Though a verdict is given for the plaintiff, he shall not have costs against the 
 defendant unless the judge before whom the trial is had certifies his approbation 
 of the action. 
 
 SCHEDULES. 
 
 THE FIRST SCHEDULE. 
 
 Names of Places. 
 
 Limits of Places. 
 
 Portsmouth 
 
 Plymouth and Devonport 
 
 The limits of the municipal borough of Portsmouth, and 
 of the residue of the island of Portsea, and of the 
 parish of Alverstoke, and of the township of Land- 
 port. 
 
 The limits of the following pl.aces ; namely, — 
 The municipal borough of Plymouth. 
 The parliamentary borough of Devonport, 
 The parish of Laira. 
 
 The tithing of Pennycross or Western Peveril. 
 The tithing of Compton Gifford. 
 Torpoint in the county of Cornwall, within the 
 distance of half a mile from the Ferry Gate.
 
 APPENDIX. 
 
 The Fibst Schedule — continued. 
 
 339 
 
 Names of Places. 
 
 Limits of Places. 
 
 Woolwich 
 
 The limits of the parishes of Woolwich, Plumpatead, 
 
 
 and Charlton. 
 
 Chatham 
 
 The limits of the following parishes ; namely, — 
 
 
 Chatham, 
 
 
 Gillingham, 
 
 
 St. Nicholas, Rochester, 
 
 
 St. Margaret, Rochester, 
 
 
 The Precincts, Rochester, 
 
 
 Brompton, , 
 
 
 New Brompton, 
 
 
 Strood, and 
 
 
 Frindsbury, 
 
 
 and of the hamlet of Grange, otherwise Grench. 
 
 Sheerness 
 
 The limits of the the parish of Minster, and of the town 
 
 
 ship of Queenborough. 
 
 Aldershot 
 
 The limits of the following parishes ; namely, — 
 
 Windsor 
 
 Colchester 
 
 \ 
 
 ^ in the county 
 Surrej'. 
 
 in the countj' ol 
 Hants. 
 
 Purbright, 
 
 Ash, 
 
 Compton, 
 
 Pepper Harrow, 
 
 Frimley, 
 
 Puttenham, 
 
 Seal, and 
 
 Tongham, 
 
 Elstead, 
 
 Farnham, 
 
 Bisley, 
 
 Aldershot, 
 
 Yateley, 
 
 Crondall, 
 
 Dogmersfield, 
 
 Winchfield, 
 
 Hartley Wintney, 
 
 Cove, 
 
 Eversley, 
 
 Farnborough, 
 
 Binstead, 
 
 Bentley 
 
 Sandhurst, in the county of Berks. 
 
 The limits of the following parishes ; namely, — 
 
 New Windsor, j^ ^^^ ^^^^^ „f 
 
 OldWmdsor, \ j^^^^^ 
 
 Clewer, ) 
 
 Eton, in the county of Bucks. 
 
 The limits of the following parishes or ecclesiastical 
 districts ; namely, — • 
 All Saints. 
 St. Botolph. 
 St. Giles. 
 St. James. 
 St. John. 
 St. Leonard. 
 
 z 2
 
 340 
 
 APPENDIX. 
 
 The First Schedule — continued. 
 
 Kame of Places. 
 
 Limits of Places. 
 
 Colchester (continued) - 
 
 St. Martin. 
 
 St. Mary at the Walls. 
 
 
 St. Mary Magdalene. 
 
 St. Nicholas. 
 
 
 St. Peter. 
 
 
 St. Runwald. 
 
 
 The Holy Trinity. 
 
 Shorncliffe 
 
 The limits of the following parishes ; namely, — 
 Cheriton. 
 
 
 Hythe, 
 Folkstone. 
 
 The Curragh - - - - 
 
 The limits of the following parishes ; namely, — 
 Kilcullen. 
 
 
 Kildare. 
 
 
 Ballysax. 
 Great Conwell. 
 
 
 Morristo wn- heller. 
 
 Cork 
 
 The limits of the borough of Cork for municipal 
 
 
 purposes. 
 
 Queenstown - - - - 
 
 The limits of the town of Queenstown for the purposes 
 of town improvement. 
 
 THE SECOND SCHEDULE. 
 
 Forms. 
 
 (A.) 
 
 Gazette Notice of Appointments, 
 
 London 18 . 
 
 The Lords Commissioners of the Admiralty have [or the Secretary of State for 
 War has] appointed R.S. to be visiting surgeon [or assistant visiting surgeon] for 
 [Portsmouth, or the Lords Commissioners of the Admiralty and the Secretary of 
 State for War have appointed P.T. to be inspector (or assistant inspector) of 
 certified hospitals] under the Contagious Diseases Act, 1866. 
 
 (B.) 
 
 Certificate for Hospital provided hy A dmiralty, <fcc. 
 
 The Contagious Diseases Act, 1866. 
 
 In pursuance of the above-mentioned Act, it is hereby certified by the Commia- 
 ioners for executing the office of Lord Higli Admiral of the United Kingdom [or by 
 Her Majesty's Principal Secretary of State intrusted with the Seals of the War 
 Department], that the following building [or part of a building], namely [here 
 describe generally the building or part of building^, has been provided by the said
 
 APPENDIX. 341 
 
 Lords Commissioners [or Secretary of State] as a hospital for the purposes of the 
 said Act. 
 
 Dated this day of 18 . 
 
 By order of the Lords Commissioners of the Admiralty. 
 
 (Signed) a P., 
 
 Secretary of the Admiralty. 
 [Or 
 By order of the Secretary of State for War. 
 
 (Signed) E.L., 
 
 Under-Secretary of State.] 
 
 (C.) 
 
 Certificate for Hospital not provided by A dmiralty, <Ssc. 
 
 The Contagiods Diseases Act, 1866. 
 
 In pursuance of the above-mentioned Act, it is hereby certified by the Commis- 
 sioners for executing tlie office of Lord High Admiral of the United Kingdom 
 \^or by Her Majesty's Principal Secretary of State intrusted with the seals of the 
 War Department], that the following building [or part of a building], namely [the 
 Lock Wards of the Portsmoutli, Portsea, and Gosport Hospital, or as the case may 
 be], is useful and efficient as a hospital for the purposes of the said Act. 
 Dated this day of 18 . 
 
 By order of the Lords Commissioners of the Admiralty. 
 
 (Signed) C.P., 
 
 Secretary of the Admu-alty. 
 [Or 
 By order of the Secretary of State for War. 
 
 (Signed) E.L., 
 
 Under-Secretary of State.] 
 
 (D.) 
 
 Declaration of Withdrawal of Certijicate. 
 
 The Contagious Diseases Act, 1866. 
 
 In pursuance of the above-mentioned Act, it is hereby declared by the Commis- 
 sioners for executing the office of Lord High Admiral of the United Kingdom [or 
 by Her Majesty's Principal Secretary of State intrusted with the seals of the War 
 Department], that the certificate under the said Act, dated the 
 day of , constituting the hospital [or as 
 
 the case may be] a certified hospital under the said Act, has been and the same is 
 hereby withdrawn as from the day of 18 . 
 
 Dated this day of 18 . 
 
 By order of the Lords Commissioners of the Admiralty. 
 
 (Signed) C.P., 
 
 Secretary of the Admiralty. 
 [Or 
 By order of the Secretary of State for War. 
 
 (Signed) E.L., 
 
 Under-Secretary of State.] 
 
 (E.) 
 
 Information. 
 
 ") The information of CD. of , superintendent o 
 
 to wit. ) police for [or as the case may be], under the Con- 
 
 tagious Diseases Act, 1866, taken this day of 
 
 186 , before the undersigned, one of Her Majesty's justices of the peace in and for
 
 S42 APPENDIX. 
 
 the said [county'] of who says he has good cause to believe that 
 
 A.£. is a common prostitute, and is resident within the limits of a place to which 
 the said Act applies, that is to say, at in the [county] of 
 
 [or is a common prostitute, and being resident within five miles of a place to which 
 the said Act applies, that is to say, at in the county of , 
 
 was within fourteen days before the laying of this information, that is to say, on 
 the day of , within those limits, that is to say, 
 
 at in the county of , for the purpose of 
 
 prostitution]. 
 
 Taken and sworn before me the day and year first above mentioned. 
 
 (Signed) L.M. 
 
 (F.) 
 
 Notice for Attendance of Woman. 
 To A.£. of 
 
 Take notice, that an information, a copy whereof is subjoined hereto, has been 
 laid before me, and that, in accordance with the provisions of the Act therein 
 mentioned, the truth of the statements therein contained will be inquired into 
 before me, or some other justice, at , on the 
 
 day of , at o'clock in the noon. 
 
 You are therefore to appear before me or such other justice at that place and 
 time, and to answer to what is stated in the said information. 
 
 You may appear yourself, or by any person on your behalf. 
 
 If you do not appear, you may be ordered, without further notice, to be subject 
 to a periodical medical examination by the visiting surgeon under the said 
 Act. 
 
 If you prefer it, you may, by a submission in writing signed by you in the 
 presence of the superintendent of police [or as the case may be], and attested by 
 him, subject yourself to such a periodical examination. 
 
 If you do so before the time above appointed for your appearance, it wiU not 
 be necessary for you to appear then before a justice. 
 
 Dated this day of 
 
 (Signed) L.M., 
 
 justice of the peace for 
 
 [Subjoin copy of information.'] 
 
 (G.) 
 Order subjecting Woman to Examination. 
 
 iBE it remembered, that on the day of , 
 
 in pursuance of the Contagious Diseases Act, 1866, I, one of Her 
 Majesty's justices of the peace in and for the said [county] of , 
 
 do order that ^.i?., of , be subject to a periodical 
 
 medical examination by the visiting surgeon for [Portsmouth, or as the case may be] 
 for calendar months from this day, for the purpose of ascertaining at 
 
 the time of each such examination whether she is affected with a contagious 
 disease within the meaning of the said Act, and that she do attend for the first 
 examination at on the day of , at 
 
 o'clock in the noon. 
 
 (Signed) L.M. 
 
 (H.) 
 
 Voluntct/ry Submission to Examination. 
 
 The CoNTAGions Diseases Act, 1866. 
 
 I A .B. of , in pursuance of the above- 
 
 mentioned Act, by this submission, voluntarily subject myself to a periodical
 
 APPENDIX. 343 
 
 medical examination by the visiting surgeon for {Portsmouth, or as the case may be] 
 for calendar months from the date hereof. 
 
 Dated this day of 18 . 
 
 (Signed) A.B. 
 
 Witness, 
 X.Y., 
 
 superintendent of police for [or as the case may be]. 
 
 (J.) 
 
 Notice by Visiting Surgeon to Woman of Times, dkc. of Examination. 
 
 To A.B. of 
 Take notice, that in pursuance of the Contagious Diseases Act, 1866, you are 
 required to attend for medical examination as follows : 
 [Here state times and places of examination.] 
 Dated this day of 18 . 
 
 (Signed) E.F., 
 visiting surgeon for [Portsmouth]. 
 
 (K.) 
 Certificate of Visiting Surgeon. 
 
 In pursuance of the Contagious Diseases Act, 1866, 1 hereby certify that I have 
 this day examined A.B. of , and that she is affected 
 
 with a contagious disease within the meaning of that Act ; and the certifaed 
 hospital in which she is to be placed under the said Act is the 
 hospital. 
 
 Dated this day of 18. 
 
 (Signed) E.F., 
 visiting surgeon for [Portsmouth], 
 
 (L.) 
 
 Order by Inspector of Certified Hospitals for Transfer. 
 
 By virtue of the power in this .behalf vested in me by the Contagious Diseases 
 
 Act, 18 06, I hereby order that A.B. of , now detamed 
 
 under that Act in the certified hospital of for medical treatment, be 
 
 transferred thence to the certified hospital of 
 
 Dated this day of 18 . 
 
 (Signed) M.N., 
 
 inspector of certified hospitals. 
 
 (M.) 
 
 Certificate for Detention beyond Three Months. 
 
 The Contagious Diseases Act, 1866. 
 
 We, the undersigned, hereby certify that the further detention for medical 
 treatment oi A.B. of , "ow an inmate ot this hospital, is 
 
 ^^atedthis day of 18 , at the hospital. 
 
 (Signed) M.N^., 
 inspector of certified hospitals, 
 [or as the case may be], 
 G.H., 
 chief medical officer.
 
 344 APPENDIX. 
 
 (N.) 
 Discharge from Hospital. 
 
 In pursuance of the Contagious Diseases Act, 1866, I hereby discharge A.B. 
 of from this hospital [add according to the fact, 
 
 and certify that she is now free from a contagious disease]. 
 
 Dated this day of 18 , at the hospital. 
 
 (Signed) G.H., 
 
 chief medical officer. 
 
 (0.) 
 
 Certificate on Discharge from Imprisonment, 
 
 The Contagious Diseases Act, 1866. 
 
 Whereas under the above-mentioned Act j4.^. of 
 
 was on the day of convicted of the offence of 
 
 and has since been imprisoned for that offence in the gaol of and 
 
 is now discharged from imprisonment therein : Now in pursuance of the said Act 
 1 hereby certify that she is now free from a contagious disease. 
 Dated this day of 
 
 R.O., 
 surgeon of the gaol of 
 [or E.F., 
 visiting surgeon for Portsmouth^ 
 
 (P) 
 
 Notice to Woman leaving Hospital. 
 
 The Contagious Diseases Act, 1866. 
 To A.B. 
 As you are now leaving this hospital, I hereby, in pursuance of the above- 
 mentioned Act, give you notice that you are still affected with a contagious 
 disease. 
 
 Dated this day of 
 
 (Signed) G.H., 
 
 chief medical officer. 
 Note. — The above-mentioned Act provides as follows : — 
 If on any woman leaving a certified hospital a notice [set out section of Act\ 
 
 (Q-) 
 
 Certificate on last foregoing Notice or Copy. 
 
 In pursuance of the within-mentioned Act, I hereby certify that the within- 
 named woman is now free from a contagious disease. 
 Dated this day of 
 
 (Signed) E.F., 
 
 visiting surgeon for [Portsmouth^ 
 
 (R.) 
 
 Application to he relieved from Examination. 
 
 To L.M., Esq., and others, Her Majesty's justices of the peace for the [county] 
 
 of . 
 
 I A.D. of , being in pursuance of the Contagious 
 
 Diseases Act, 1866, subject to a periodical medical examination on my own sub- 
 mission [or under the order of L.M., Esq., as the case may be], dated the 
 day of , do hereby apply to be relieved therefrom. 
 
 Dated this day of 18 . 
 
 (Signed) A.B. 
 Witness, G. W.
 
 APPENDIX. 345 
 
 CHAP. XCVI. 
 
 An Act to amend the Contagious Diseases Act, 1866. 
 
 [11th August, 1869.] 
 
 BE it enacted by the Queen's most excellent Majesty, by and with the advice and 
 consent of the Lords Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same, as follows : 
 
 Short Title. 
 
 1. This Act may be cited as the Contagious Diseases Act, 1869. 
 
 Construction of Act. 
 
 2. This Act shall be construed as one with the Contagious Diseases Act, 1866 
 (in this Act referred to as the principal Act), and with the Act of ilie Session of the 
 thirty-first and thirty-second years of the reign of Her present Mnjesty, chapter 
 eighty, and those Acts and this Act may be cited together as the Contagious 
 Diseases Acts, 1866 to 1869. 
 
 Temporary Detention of Women. 
 
 3. Any woman who, on attending for examination or being examined by the 
 visiting surgeon, is found by him to be in such a condition that he cannot properly 
 examine her, shall, if sucli surgeon has reasonable grounds for believing that she is 
 affected with a contagious disease, be liable to be detained in a certified hospital, 
 subject and acording to the provisions of the Contagious Diseases Acts, 1866 to 
 1869, until the visiting surgeon can properly examine her, so that she be not so 
 detained for a period exceeding five days. The visiting surgeon shall sign a certi- 
 ficate to the effect that she was in such a condition that he could not properly 
 examine her, and that he has reasonable grounds to believe that she is affected with 
 a contagious disease, and shall name therein the certified hospital in which she is 
 to be placed ; and such certificate shall be signed and otLeiwise dealt with in the 
 same manner, and have the same effect, except as regards duration, as a certificate 
 under the principal Act. 
 
 If the reason that the visitiijg surgeon cannot examine the woman is that she is 
 drunk, she may be detained upon an order of the visiting surgeon for a period not 
 exceeding twenty-four hours in any place named in the order where persons accused 
 of being drunk and disorderly or of offences punishable summarily are usually 
 detained, and the gaoler or the keeper of such place shall upon the receipt of such 
 order receive and detain the woman accordingly. 
 
 Notice by Justice to Woman being a Common Prostitute. 
 
 4. Where an information on oath is laid before a justice by a superintendent of 
 police, charging to the effect that the informant lias good cause to believe that a 
 woman therein named is a common prostitute, and either is resident within the 
 limits (if any place to which this Act applies, or, being resident within ten miles of 
 those limits, or having no settled place of abode, has, within fourteen days before 
 the laying of the information, either been within those limits for the purpose of 
 prostitution, or been outside of those limits for the purposes of prostitution in tlie 
 company of men resident within those limits, the justice maj-, if bethinks fit, issue 
 a notice thereof addressed to such woman, which notice the superintendent of police 
 shall cause to be served on her: 
 
 Provided that nothing in the Contagious Diseases Acts, 1866 to 1869, shall 
 extend, in the case of Woolwich, to any woman who is not resident within the 
 limits specified in the first schedule to this Act. 
 
 Section fifteen of the principal Act is hereby repealed, and the foregoing enact- 
 ment in this section is substituted for it ; provided that all proceedings ta,ken and
 
 846 APPENDIX. 
 
 acts done under the section hereby repealed shall, notwithstanding, remain of full 
 effect, and shall, if necessary, be continued as if they had been taken and done 
 under this section. 
 
 Duration of Order. 
 
 5. Any order for subjecting a woman to periodical medical examination shall be 
 in operation and enforceable as long as and whenever such woman is resident 
 within ten miles of the limits of the place where the order was made, instead of 
 within five miles, aa prescribed by section thirty-two of the principal Act. 
 
 Effect of Voluntary Suhmission by Women. 
 
 6. Where any woman, in pursuance of the principal Act, voluntarily subjects 
 herself by submisson in writing to a periodical medical examination under that Act, 
 such submission shall, for all the purposes of the Contagious Diseases Acts, 1866 to 
 1869, have the same effect as an order of a justice subjecting the woman to 
 examination ; and all the provisions of the principal Act respecting the attendance 
 of the woman for examination, and her absenting herself to avoid examination, and 
 her refusing or wilfully neglecting to submit herself for examination, and the force 
 of the order subjecting her to examination after imprisonment for such absence, 
 refusal, or neglect, shall apply and be construed accordingly. 
 
 Duration of Detention. 
 
 7. A woman may be detained for a further period not exceeding three months, 
 in addition to the six months allowed under section twenty-four of the principal 
 Act, if such certificate as is required by that section (to the effect that her further 
 detention for medical treatment is requisite) is given at the expiration of such six 
 months ; so, nevertheless, that any woman be not detained under one certificate 
 for a longer time in the whole than nine months. 
 
 Custody of Orders of Discharge. 
 
 8. Where an order is made discharging a woman from any hospital, or where 
 a certificate is given, under section thirty of the principal Act, that a woman is free 
 from a contagious disease, such order and certificate shall be delivered to the super- 
 intendent of poHce, and retained by him. 
 
 Application to Surgeon for Relief from Examination. 
 
 9. Any woman subjected, either on her own submission or under the order of a 
 justice, to a periodical medical examination under the principal Act, who desires to 
 be relieved therefrom, and is not under detention in a certified hospital, may make 
 application in writing in that behalf to the visiting surgeon. 
 
 The visiting surgeon shall cause a copy of such application to be dehvered to the 
 superintendent' of police, and if, after a report from such superintendent, he is satis- 
 fied by such report or other evidence that the applicant has ceased to be a common 
 prostitute, may, by order under his hand, direct that she be reheved, and she shall 
 thereupon be relieved, from periodical medical examination. 
 
 Such order shall be in triplicate ; one copy shall be delivered to the woman, 
 and two copies shall be delivered to the superintendent of police, who shall communi- 
 cate one copy to the justice (if any) who made the order subjecting the woman to a 
 periodical medical examination, or to his successor in office. 
 
 The provisions of this section shall be in addition to and not m substitution for 
 the provisions of the principal Act, for relieving a woman from examination. 
 
 Places to which A ct extends. 
 
 10 The places to which the Contagious Diseases Acts, 1866 to 1869, apply, 
 shall be the places mentioned in the first schedule to this Act, the limits of which 
 places shall, for the purposes of the said Acts, be such as are defined in that 
 schedule.
 
 APPENDIX. 
 
 347 
 
 Forms in Second Schedule to be used. 
 
 11. The forms of certificates, orders, and other instruments given in the second 
 schedule to this Act, or forms to the like effect, with such variations and additions 
 as circumstances require, may be used for the purposes therein indicated, and ac- 
 cording to the directions therein contained, and instruments in those forms shall 
 (as regards the form thereof) be valid and sufficient. 
 
 Bepeal of Parts of 29 d: 30 Vict. c. 35. 
 
 12. Sections four and thirty-eight of the principal Act, and the two schedules 
 to that Act, are hereby repealed. 
 
 As to Settlement of Child born in Certified Hospital. 
 
 13. The settlement of a child born of the body of a mother while detained in 
 a certified hospital shall be the same as if such hospital were a house licensed for 
 the pubUc reception of pregnant women under the Act of the thirteenth year of 
 King George III., chapter eighty- two. 
 
 FIRST SCHEDULE. 
 
 Names of Places. 
 
 Limits of Places. 
 
 Aldershot 
 
 in the county of Surrey. 
 
 Canterbury 
 
 The limits of the following parishes ; namely, 
 Pirbright, \ 
 
 Ash, 
 
 Compton, 
 Peper Harow, 
 Frimley, 
 Puttenham, 
 Seal, 
 
 Tongham, 
 Elstead, 
 Farnham, 
 
 Bis ley, / 
 
 Aldershot, 
 Yateley, 
 Crondall, 
 Dogmersfield, 
 Winchfiekl, 
 Hartley Wintney, 
 Cove, 
 Eversley, 
 Farnborough, 
 Binsted, 
 Bentley, 
 Sandhurst, in the county of Berks. 
 
 The limits of the following parishes or ecclesiastical 
 districts ; namely, 
 St. Andrew. 
 All Saints. 
 St. Alphage. 
 St. Mary Bredm. 
 St. Mary Bredman. 
 St. George-tlie- Martyr. 
 St. ilary Magdalen. 
 
 in the county of Hants.
 
 348 
 
 APPENDIX. 
 
 First Schedule — continued. 
 
 Names of Places. 
 
 Limits of Places. 
 
 Canterbury {continued) - 
 
 Chatham 
 
 Colchester 
 
 Dover 
 
 St. Margaret. 
 
 St. Mildred. 
 
 St. jNlary, Northgate. 
 
 St. Martin. 
 
 St. Paul. 
 
 St. Peter. 
 
 Tbe Archbishop's Palace. 
 
 St. Dunstan. 
 
 Christ Church. 
 
 St. Gregory. 
 
 Staplegate. 
 
 Westgate Within. 
 
 Westgate Without. 
 
 St. Augustine. 
 
 Old Castle. 
 
 The limits of the following parishes and places ; namely, 
 Chatham. 
 Gillingham. 
 
 St. Nicholas, Rochester. 
 St. Margaret, Rochester. 
 Tbe Precincts, Rochester. 
 Brompton. 
 New Brompton. 
 Strood. 
 
 Frindsbury, and 
 The hamlet of Grange, otherwise Grench. 
 
 The limits of tbe following parishes or ecclesiastical 
 districts ; namely, 
 All Saints, 
 St. Botolph. 
 St. Giles. 
 St. James. 
 St. John. 
 St. Leonard. 
 St. Martin. 
 
 St. Mary at the Walla. 
 St. Mary Magdalene. 
 St. Nicholas. 
 St. Peter. 
 St. Runwald. 
 The Holy Trinity. 
 St. Andrew's, Greenstead. 
 Lexden. 
 St. Michaels, Mile End. 
 
 The limits of the parishes of — 
 Buckland. 
 Cliarlton. 
 Hougham. 
 St. Mary's. 
 St. James's. 
 
 Eastcliff (extra-parochial). 
 Gustoa.
 
 APPENDIX. 
 
 First Schedule — continued. 
 
 349 
 
 Names of Places. 
 
 Gravesend 
 
 Maidstone 
 
 Limits of Places. 
 
 Plymouth and Devonport 
 
 Portsmouth 
 
 Sheemess - 
 Shorncliffe - 
 
 Southampton 
 
 Winchester 
 
 Windsor 
 
 The limits of the parishes of — 
 Gravesend. 
 Milton. 
 Northfleet. 
 Denton. 
 Chalk. 
 
 The limits of the parishes of — 
 Maidsto»e. 
 Barming. 
 East Farleigh. 
 Louse. 
 
 Boughton Monchelsea. 
 Allington, and 
 The hamlet of Tovil. 
 
 The limits of the following places ; namely, 
 The municipal borough of Plymouth. 
 The parliamentary borough of Devonport. 
 The district of Laira. 
 
 The tithing of Pennycross or Western Peveril, 
 The tithing of Compton Gifford. 
 Torpoint in the county of Cornwall, within the 
 
 distance of half a mile from the Ferry Gate. 
 Ivy Bridge. 
 The parishes of Plympton St. Maurice and 
 
 Piympton St. Mary. 
 Dartmouth. 
 
 The limits of the following places and parishes ; namely, 
 The municipal borough of Portsmouth. 
 The residue of the island of Portsea. 
 The parish of Alverstoke. 
 The township of Landport. 
 
 The limits of the parish of Minster, of the township of 
 Queenborough, and of the Isle of Grain. 
 
 The limits of the following parishes ; namely, 
 Cheriton. 
 Hythe. 
 Folkstone. 
 Walmer. 
 Deal. 
 Sholden. 
 Mongcham. 
 Ringwold. 
 Ripple. 
 
 The limits of the municipal borough of Southampton. 
 
 The limits of the parliamentary borough of Winchester. 
 
 The limits of the following parishes ; namely, 
 
 New Windsor, ] 
 
 Old Windsor, > in the county of Berks. 
 
 Clewer, ) 
 Eton, 
 
 D.itchet, \ in the county of Bucks. 
 Upton,
 
 350 
 
 APPENDIX. 
 
 First Schedule — continued. 
 
 Names of Places. 
 
 Woolwich 
 
 Limits of Places. 
 
 Deptford. 
 
 The Curragh 
 
 Cork - - 
 Queenstown 
 
 The limits of the following parishes and places ; namely, 
 Woolwich. 
 Plumstead. 
 Charlton. 
 St. Paul, 
 St. Nicholas, 
 Hamlet of Hatcham. 
 St. Alphage, Greenwich. 
 
 IRELAND. 
 
 The limits of the following parishes ; namely, 
 Kilcullen. 
 Kildare. 
 Ballysax. 
 Great Conwell. 
 Morristown-beller. 
 
 The limits of the borough of Cork for municipal purposes. 
 
 The limits of the town of Queenstown for the purposes 
 of town improvement. 
 
 SECOND SCHEDULE. 
 
 Forms. 
 
 (A.) 
 
 Gazette Notice of Apjpointments. 
 
 London, 18 
 
 The Lords Commissioners of the Adiniralty have [or the Secretary of State for 
 War has] appointed R.S. to be visiting surgeon [or assistant visiting surgeon] for 
 [Portsmouth, or the Lords Commissioners of the Admiralty and the Secretary of 
 State for War have appointed P.S. to be inspector [or assistant inspector) of cer- 
 tified hospitals] under the Contagious Diseases Acts, 1866 to 1869. 
 
 (B.) 
 Certificate for Hospital provided by A dmiralty, dsc. 
 The Contagious Diseases Acts, 1866 to 1869. 
 In pursuance of the above-mentioned Acts, it is hereby certified by the Com- 
 missioners for executing the ofiice of Lord High Admiral of the United Kino-dom 
 [or by Her Majesty's Principal Secretary of State intrusted with the seals of the 
 War Department], that the following building [or part of a building], namely 
 [here describe (jenerally the building or -part of buildinr/], has been provided by the 
 said Lords Commissioners [or Secretary of State] as a hospital for the purposes of 
 the said Acts. 
 
 Dated this day of 18 
 
 By order of the Lords Commissioners of the Admiralty. 
 (Signed) C.P., 
 
 Secretary of the Admiralty. 
 [Or, 
 By order of the Secretary of State for War, 
 
 (Signed) E.L., 
 
 Under-Secretary of State.]
 
 APPENDIX. 351 
 
 (C.) 
 
 Certificate for Hospital not provided by Admiralty, d:c. 
 
 The Contagious Diseases Acts, 1866 to 1869. 
 
 In pursuance of the above-mentioned Acts, it is hereby certified by the Com- 
 missioners for executing tlie office of Lord High Admiral of the United Kingdom 
 [or by Her Majesty's Principal Secretary of State intiusted with the seals of the 
 War Department], that the following building [or part of a building], namely 
 [the Lock Wards of the Portsmouth, Portsea, and Gosport Hospital, or as the cage 
 may be], is useful and efficient as a hospital for the purposes of the said Acta. 
 Dated this day of 18 . 
 
 By order of the Lords Commissioners of the Admiralty. 
 
 (Signed) C.P., 
 
 Secretary of the Admiralty. 
 [Or 
 By order of the Secretary of State for War. 
 
 (Signed) KL., 
 
 Under-Secretary of State.] 
 
 (D.) 
 
 Declaration of Withdrawcd of Certificate. 
 The Contagious Diseases Acts, 1866 to 1869. 
 
 In pursuance of the above-mentioned Acts, it is hereby declared by the Com- 
 missioners for executing the office of Lord High Admiral of the United Kingdom 
 [or by Her Majesty's Principal Secretary of State intrusted with the seals of the 
 War Department], that the certificate under the said Acts, dated the 
 day of , constituting the hospital [or as the 
 
 case may be] a certified hospital under the said Acts, has been and the same is 
 hereby withdrawn as from the day of 18 
 
 Dated this day of 18 . 
 
 By order of the Lords Commissioners of the Admiralty. 
 (Signed) C.P., 
 
 [Or 
 By order of the Secretary of State for War. 
 
 (Signed) E.L., 
 
 Secretary of the Admiralty. 
 
 E.L., 
 
 Under-Seci'etary of State.] 
 
 (E.) 
 
 Information. 
 
 The information of CD. of , superintendent 
 
 to wit. \ of police for [or as the case may be] 
 
 under the Contagious Diseases Acts, 1866 to 1869, taken this 
 day of 186 , before the undersigned, one of Her Majesty's 
 
 justices of the peace in and for the said [county] of 
 
 who says he has good cause to believe that A.B. is a common prostitute, and 
 is resident within the limits of a place to which the said Acts apply, that is 
 to say, at in the [county] of [or 
 
 is a common prostitute, and being resident within fifteen miles of a place to 
 which the said Act applies, that is to say, at in 
 
 the county of ], was within fourteen days before the laying 
 
 of this information, that is to say, on tlie day of , within 
 
 those limits [or outside of those limits], that is to say, at 
 
 in the county of for the purpose of prostitution [in the company 
 
 of men resident within those limits]. 
 
 Taken and sworn before me the day and year first above mentioned. 
 
 (Signed) Z.J/.
 
 352 APPENDIX. 
 
 (F.) 
 Notice for Attendance of Woman. 
 
 ToA.B. of . . J r. V. 
 
 Take notice, that an information, a copy whereof is subjoined hereto, has 
 been laid before me, and that, in accordance with the provisions of the Acts 
 therein mentioned, the truth of the statements therein contained will be inquired 
 into before me, or some other justice, at j on the 
 
 jay of , at o'clock in the noon. 
 
 You are therefore to appear before me or such other justice at that place and 
 time, and to answer to what is stated in the said information. 
 You may appear yourself, or by any person on your behalf. 
 If you do not appear, you may be ordered, without further notice, to be subject 
 to a periodical medical examination by the visiting surgeon under the said Acts. 
 
 If you prefer it, you may, by a .submission in writing signed by you in the pre- 
 sence of the superintendent of police [or as the case may be], and attested by him, 
 subject yourself to such a periodical examination. 
 
 K you do so before the time above appointed for your appearance, it will not be 
 necessary for you to appear then before a justice. 
 Dated this day of 
 
 (Signed; L.M., 
 justice of the peace for 
 [Subjoin copy of information.] 
 
 (G.) 
 Order subjecting Woman to Examination. 
 ) Be it remembered, that on the day of 
 
 to wit. \ in pursuance of the Contagious Diseases Acts, 1866 to 1869, I, 
 one of Her Maiesty's justices of the peace iu and for the said [county] of 
 
 do order that ^.5. of , ,„ / be subject to a 
 
 neriodical medical examination by the visiting snrgeon for [Portsmouth or as the 
 lose may be] for calendar months from this day, for the purpose 
 
 of ascertaining at the time of each such examination whether she is affected with 
 a contagious disease within the meaning of the said Acts, and that she do attend 
 for the first examination at on the day of at 
 
 o'clock in the noon. 
 
 (Signed) L.M. 
 
 (H.) 
 
 Voluntary Submission to Examination. 
 
 The Contagious Diseases Acts, 1866 to 1869. 
 
 J A jj of > in pursuance of the 
 
 above-mentioned Acts, by this submission, voluntarily subject myself to a 
 
 neriodical medical examination by the visiting surgeon for [Portsmouth, or as the 
 
 case may be] for calendar months from the date hereoh 
 
 Dated this day of 18 . ^^.^^^^^ ^^ 
 
 Witness, 
 
 su Jrintendent of police for [or as the case may be]. 
 
 (J.) 
 Notice by Visiting Surgeon to Woman of Times, &c. of Examin atlon. 
 
 TAKE*^notice, that in pursuance of the Contagious Diseases Acts, 1866 to 1869, 
 vou are required to attend for medical examination as follows : 
 [Here state times and places of examination.] 
 Dated this day of ^^^^^^. ^^^ 
 
 visiting surgeon for [Portsmouth].
 
 APPENDIX. 353 
 
 (K.) 
 
 Certificate of Visiting Surgeon. 
 
 In pursuance of the Contagious Diseases Acts, 1866 to 1869, I hereby certify 
 that I have this day examined A.B. of , and that she is 
 
 affected with a contagious disease within the meaning of those Acts ; and the 
 certiheJ hospital in which she is to be placed under the said Acts is the 
 hospital. 
 
 Dated this day of 18 . 
 
 (Signed) E.F., 
 visiting surgeon for [PortsmoutK]. 
 
 (L.) 
 
 Certificate of Visiting Surgeon where Woman cannot properly be examined. 
 
 I HEREBY certify that A.B., on being examined by me this day, in pursuance 
 of the Contagious Diseases Acts, 1866 to 1869, was in such a condition that I 
 could not properly examine her, and I have reasonable ground to believe that she 
 is affected with contagious disease within the meaning of those Acts, and the 
 certified hospital in which she is to be placed under the said Acts is the 
 hospital. 
 
 Dated this day of 18 . 
 
 (Signed) E.F., 
 visiting surgeon for [^PortsmoviK]. 
 
 (M.) 
 
 Order of Visiting Surgeon for temporary Detention of Woman. 
 
 I HEREBY certify i\\&i A.B. , on attending this day for examination, in pursuance 
 of the (Contagious Diseases Acts, 1866 to 1869, was drunk, so that I could not 
 properly examine her, and I have reasonable ground to believe that she is affected 
 with contagious disease within the meaning of those Acts, and I hereby order that 
 she be detained in the lock-up [or as the case may be], at in accordance 
 
 with the said Acts. 
 
 Dated this day of IS . 
 
 (Signed) £.F., 
 visiting surgeon for [Portsmouth]. 
 
 (N.) 
 
 Order by Inspector of Certified Hospitals for Transfer. 
 
 Bt virtue of the power in this behalf vested in me by the Contagious Diseases 
 Acts, 1866 to 1869, I hereby order tliat A.B. of , now detained 
 
 under those Acts in the certified hospital of for medical treatment, be 
 
 transferred thence to the certified hospital of 
 
 Dated this day of 18 . 
 
 (Signed) M.N., 
 
 inspector of certified hospitals. 
 
 (0.) 
 
 Certificate for Detention beyond Three Months. 
 
 The Contagious Diseases Acts, 1866 to 1869. 
 
 We, the undersigned, hereby certify that the further detention for medical 
 treatment of A.B., of , now an inmate of tbis hospital, is 
 
 requisite. 
 
 Dated this day of 18 , at the hospital. 
 
 (Signed) M.N., 
 
 inspector of certified hospitals, 
 \or as the case may be.] 
 G.H., 
 chief medical officer. 
 A A
 
 354 APPENDIX. 
 
 Discharge from Hospital. 
 
 In pursuance of the Contagious Diseases Acts, 1866 to 1869, I hereby 
 discharge A.£. of from this hospital [add according 
 
 to the fact, and certify that she is now free from a contagious disease]. 
 
 Dated this day of 18 , at the hospital. 
 
 (Signed) G.H., 
 
 chief medical officer. 
 
 (Q.) 
 
 Certificate on Discharge from, Imprisonment. 
 
 The Contagious Diseases Acts, 1866 to 1869. 
 
 "Whereas under the above-mentioned Acts, A.B. of 
 
 was on the day of convicted of the offence of 
 
 and has since been imprisoned for that offence in the gaol of and is 
 
 now discharged from imprisonment therein : Now in pursuance of the said Acts, 
 I hereby certify that she is now free from a contagious disease. 
 Dated this day of 
 
 R.O., 
 surgeon of the gaol of 
 [or E.F., 
 visiting surgeon for Portsmouth']. 
 
 (E.) 
 Notice to Woman leaving Hospital. 
 
 The Contagious Diseases Acts, 1866 to 1869. 
 To A.B. 
 As you are now leaving this hospital, I hereby, in pursuance of the above- 
 mentioned Acts, give you notice that you are stilL affected with a contagious 
 disease. 
 
 Dated this day of 
 
 (Signed) G.H., 
 
 chief medical officer. 
 Note. — The above-mentioned Acts provide as follows : — 
 If on any woman leaving a certified hospital a notice [set out section of Act]. 
 
 (S.) 
 
 Certificate on last foregoing Notice or Copy. 
 
 In pursuance of the within-mentioned Acts, I hereby certify that the within- 
 named woman is now free from a contagious disease. 
 Dated this day of 
 
 (Signed) E.F., 
 
 visiting surgeon for [Portsmouth]. 
 
 (T.) 
 
 Application to be relieved from Examination. 
 
 To L.M., Esq., and others, Her Majesty's justices of the jteace for the [county] 
 of [or to N^.O., Esq., visiting surgeon for Portsmouth, or as the 
 
 case may be], 
 I A.B, of , being in pursuance of the Contagious 
 
 Diseases Acts, 1866 to 1869, subject to a periodical medical examination on my 
 own submission [or under the order of L.M., Esq., as the case may be], dated the 
 day of , do hereby apply to be relieved therefrom. 
 
 Dated this day of 18 . 
 
 (Signed) A.B. 
 Witnesfl, Q. W.
 
 APPENDIX. 355 
 
 ANNO DECLMO OCTAVO & DECIMO NONO VICTORIA REGINiB. 
 
 CAP. CXVI. 
 
 An Act for the better Prevention of Diseases. 
 
 [14th August 1855.] 
 
 WHEREAS the provisions of " The Nuisances Removal and Diseases Prevention 
 Act, 1848," amended by "The Nuisancas Removal and Diseases Prevention 
 Amendment Act, 1849," in so far as the same relate to the prevention or mitiga- 
 tion of epidemic, endemic, or contagious diseases, are defective, and it is expedient 
 to substitute otlier provisions more effectual in that behalf : Be it therefore enacted 
 by the Queen's most excellent Majesty, by and with the advice and consent of 
 the Lords Spiritual and Temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows : 
 
 Short Title. 
 
 I. This Act may be cited for all purposes as the "Diseases Prevention Act, 
 1855." 
 
 Local Authority for Execution of Act. 
 
 II. The local authority for executing this Act shall be the local authority 
 acting in execution of any general Act in force for the time being for the removal 
 of nuisances. 
 
 Expenses of A ct. 
 
 III. The expenses incurred in execution of this Act shall be borne out of the 
 rates or funds administered by such local authority, under the provisions and for 
 the purposes of any such general Act as is referred to in the preceding section. 
 
 Pojoer of Entry. 
 
 IV. The local authority and their ofBcers shall have power of entry for the 
 purposes of this Act, and for executing or superintending the execution of the 
 regulations and directions of the General Board issued under this Act. 
 
 Power to Privy Council to issue Orders that Provisions herein contained for 
 Prevention of Diseases may be pict in force. 
 
 V. Whenever any part of England appears to be threatened with or is affected 
 by any formidable epidemic, endemic, or contagious disease, the Lords and others 
 of Her Majesty's most honourable Privy Council, or any three or more of them 
 (the Lord President of the Council or one of Her M.ijesty's Principal Secretaries of 
 State being one), may, by order or orders to be by them from time to time made, 
 direct that the provisions herein contained for the prevention of diseases be put in 
 force in England, or in such parts thereof as in such order or orders respectively 
 may be expressed, and may from time to time, as to all or any of the parts to 
 which any such order or orders extend, and in like manner, revoke or renew any 
 such order ; and, subject to revocation and renewal as aforesaid, every such order 
 shall be in force for six calendar months, or for such shorter period as in such 
 order shall be expressed ; and every such order of Her Majesty's Privy Council, or 
 of any members thereof, as aforesaid, shall be certified under the hand of the Clerk 
 in Ordinary of Her Majesty's Privy Council, and shall be published in the London 
 Gazette ; and such publication shall be conclusive evidence of such order, to all 
 intents and purposes. 
 
 Power to General Board of Health to issue Regulations to carry out such Provisions. 
 Local Extent and Duration of Regulations of General Board. 
 
 VI. From time to time after the issuing of any such order as aforesaid, and 
 whilst the same continues in force, the General Board of Health may issue 
 directions and regulations, as the said Board think fit — 
 
 A a2
 
 356 APPENDIX. 
 
 For the speedy interment of the dead : 
 For house-to-house visitation : 
 
 For the dispensing of medicines, guarding against the spread of disease, and 
 aifording to persons afflicted by or threatened with such epidemic, endemic, 
 or contagious diseases such medical aid and such accommodation as may be 
 required : 
 And from time to time, in like manner, may revoke, renew, and alter any such 
 directions and regulations as to the said Board appears expedient, to extend to all 
 parts in which the provisions of this Act for the prevention of disease shall for the 
 time being be put in force under guch orders as aforesaid, unless such directions 
 and regulations be expressly confined to some of such parts, and then to such 
 parts as therein are specified ; and (subject to the power of revocation and altera- 
 tion herein contained) such directions and regulations shall continue in force so 
 long as the said provisions of this Act shall under such order be applicable to the 
 same parts. 
 
 Publication of such Regulations. 
 
 VII. Every such direction and regulation as aforesaid, when issued, shall be 
 published in the London Gazette, and the Gazette in which such direction or regulation 
 was published shall be conclusive evidence of the direction or regulation so pub- 
 lished, to all intents and purposes. 
 
 The Local Authority to see to the Execution of such Regulations, dec. 
 
 VIII. The local authority shall superintend and see to the execution of such 
 directions and regulations, and shall appoint and pay such medical or other officers 
 or persons, and do and provide all such acts, matters, and things, as may be 
 neces-ary for mitigating such disease, or for superintending or aiding in the execu- 
 tion of such directions and regulations, or for executing the same, as the case may 
 require. 
 
 The Local A uthority may direct Prosecutions for violating the Same. 
 
 IX. The local authority may from time to time direct any prosecutions or legal 
 proceedings for or in respect of the wilful violation or neglect of any such direction 
 and regulation. 
 
 Orders of Council, Directions, and Regulations to he laid before Parliament. 
 
 X. Every order of Her Majesty's Privy Council, and every direction and regu- 
 lation of the General Board of Health, under this Act, shall be laid before both 
 Houses of Parliament, forthwitU upon the issiung thereof if Parliament be then 
 sitting, and if not then within fourteen days next after the commencement of the 
 then next Session of Parliament. 
 
 Order in Council may extend to Parts and Arms of the Sea. 
 
 XI. Orders in Council issued in pursuance of this Act for putting in force the 
 provisions for the prevention of disease in the said Nuisances Removal and Diseases 
 Prevention Acts contained, in Great Britain, may extend to parts and arms of tlie 
 sea lying within the jurisdiction of the Admiralty ; and the Board of Health for 
 England may issue under this Act directions and regulations for cleansing, purify- 
 ing, ventilating, and disinfecting, and providing medical aid and accommodation, 
 and preventing disease in ships and vessels, as well upon arms and parts of the sea 
 aforesaid as upon inland waters. 
 
 Medical Officer of Unions and others entitled to Costs of attending Sick on 
 Board Vessels, when required by Orders of General Board of Health. 
 
 XII. Whenever, in compliance with any regulation of the General Board of 
 Health, which they may be empowered to make under this Act, any medical 
 officer appointed under and by virtue of the laws for the time being for the relief of 
 the poor shall perform any medical service on board of any vessel, such medical 
 officer shall be entitled to charge extra for any such service, at the general rate of
 
 APPENDIX, 357 
 
 his allowance for his services for tlie union or place fur which he is appointed, and 
 such charges shall be payable by the captain of the vessel, on behalf of the owners, 
 together with any reasonal)le expenses for the treatment of the sick ; and if such 
 8ervice.s shall be rendered ijy any medical practitioner who is not a union or parish 
 officer, he shall be entitled to charges for any service rendered on board, with extra 
 remuneration on account of distance, at the same rate as tho.-e which he is in the 
 habit of receiving from private patients of the class of those attended and treated 
 on shipboard, to be paid as aforesaid ; and in case of dispute in respect of such 
 charges, such dispute may, where the charges do not exceed twenty jiounds, be 
 determined summarily, at the place where the dispute arises, as in case of seamen's 
 wages not exceeding fifty pounds, according to tiie provisions of the law in that 
 behalf for the time being in force ; and any justice before whom complaint is made 
 shall determine summarily as to the amount which is reasonable, according to the 
 accustomed rate of charge within the place for attendance on patients of the like 
 class or condition as those in respect of whom the charge is made. 
 
 Authentication of Directions and Regulations of General Board of Health. 
 
 XIII. The directions and regulations of the General Board of Health under this 
 enactment shall be under the seal of the said Board, and the hand of the president 
 or two or more members thereof ; and any copy of such regulations purporting to 
 bear such seal and signature, whether the said signature and seal be respectively 
 impressed and written, or printed only, shall be evidence in all proceedings in 
 which such regulations may come in question. 
 
 Penalty for obsti ucting Execution of Act. 
 
 XIV. Whoever wilfully obstructs any person acting under the authority or 
 employed in the execution ot this Act, and whosoever wilfully violates any direc- 
 tion or regulation issued by the General Board of Health as aforesaid, shall be liable 
 for every" such offence to a penalty not exceeding five pounds, to be appropriated 
 in or towards the defraying the expenses of executing this Act. 
 
 Certain Provisions of Nuisances Removal Jet to apply to this Act. 
 
 XV. The provisions of any general Act in force for the removal of nuisances, 
 viith regard to the service of notices, the proof of orders or resolutions of the local 
 authority, and the recovery of penalties, shall extend and apply to this Act. 
 
 ANNO DECIMO OCTAVO & DECIMO NONO VICTORIA REGIN^. 
 
 CAP, CXXI. 
 
 An Act to consolidate and amend the Nuisances Removal and Diseases 
 Prevention Acts, 1848 and 1849. [14tli August 1855.] 
 
 11 cfc 12 Vict. c. 123. 12 ct 13 Vict. c. 111. 
 
 WHEREAS the provisions of "The Nuisances Removal and Diseases Preven- 
 tion Act, 18iS," amended by "The Nuisances Removal and Diseases Preven- 
 tion Amendment Act, lb49," are defective, and it is expedient to repeal the said 
 Acts as far as relates to Enyland, and to substitute other provisions more effectual 
 in that behalf: Be it therefore enacted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the Lords Spiritual and 'J'emporal, and Com- 
 mons, in this present Parliament assembled, and by the authority of the same, as 
 follows :
 
 358 APPENDIX. 
 
 Secited Acts repealed as far as relates to England, except as to Proceedings 
 
 commenced. 
 T. From and after the passing of this Act the said Acts are by this section 
 repealed as far as relates to England : Provided always, that all proceedings com- 
 menced or taken under the said Acts, and not yet completed, may be proceeded with 
 under the said Acts ; and all contracts or works undertaken by virtue of the said 
 Acts shall continue and be as effectual as if the said Acts had not been repealed. 
 
 Interpretation of certain Terms used in this Act. 
 
 II. In this Act the following words and expressions have the meanings by this 
 section herein-after assigned to them, unless such meanings be repugnant to or 
 inconsistent with the context; (that is to say,) the word " place" includes any 
 city, borough, district under the Public Health Act, parish, township, or hamlet, or 
 part of any such city, borough, district, town, parish, township, or hamlet ; the 
 word "guardians" includes the directors, wardens, overseers, governors, or other 
 like officers having the management of the poor for any parish or place where the 
 matter or any part of the matter requiring the cognizance of any such officer arises ; 
 the word "borough," and the expressions "mayor, aldermen, and burgesses," 
 "council," and "borough fund," have respectively the same meaning as in the 
 Acts for the Regulation of Municipal Corporations, and shall also respectively 
 mean, include, and apply to any royal borough, royal town, or other town having 
 a warden, high bailitf, borough reeve, or other chief officer, and burgesses or 
 inhabitants, however designated, associated with him in the government or 
 management thereof, or any town or place having a governing body therein in the 
 nature of a corporation or otherwise, and to the chief officers and governing bodies 
 of such boroughs, towns, and places, and to the funds and property under the 
 management of or at the disposal of such chief officers and governing bodies ; the 
 expression " Improvement Act" means an Act for regulating and managing the 
 police of, and for draining, cleansing, paving, lighting, watching, and improving a 
 place, and an Act for any of those purposes; the word "owner" includes any 
 person receiving the rents of the property in respect of which that word is used 
 from the occupier of such property on his own account, or as trustee or agent for 
 any other person, or as receiver or sequestrator appointed by the Court of Chancery 
 or under any order thereof, or who would receive the same if such property were 
 let to a tenant; the word "premises" extends to all messuages, lands, or tene- 
 ments, whether open or enclosed, whether built on or not, and whether public or 
 private ; the word " parish" includes every township or place separately maintain- 
 ing its poor or separately maintaining its own highways ; the expression " quarter 
 sessions" means the court of general or quarter sessions of the peace for a county, 
 riding, or division of a county, city, or borough ; the word "person," and words 
 applying to any person or individual, apply to and include corporations, whether 
 aggregate or sole ; and the expression " two justices" shall, in addition to its 
 ordinary signification, mean one stipendiary or police magistrate acting in any 
 police court for the district. 
 
 PART I. 
 
 Constitution of Local Authority, Expenses, Description of Nuisances, 
 AND Powers of Entry. 
 
 And with respect to the constitution of the local authority for the execution of 
 this Act, the expenses of its execution, the description of nuisances that may be 
 dealt with under it, and the powers of entry for the purposes of the Act, be it 
 enacted thus : 
 
 The Local A uthority to execute this A ct in Places as herein stated. 
 
 III. The following bodies shall respectively be the local authority to execute 
 th isAct in the districts hereunder stated in England : 
 
 In any place within which the Public Health Act is or shall be in force, the 
 local board of health :
 
 APPENDIX. -359 
 
 Id any other place wherein a council exists or shall exist, the mayor, aldermen, 
 and burgesses by the council, except in the city of London and the 
 liberties thereof, where the local authority shall be the commissioners of 
 sewers for the time being ; and except in the city of Oxford and borough 
 of Cambridge, where the local authority shall be the commissioners acting 
 in execution of the local Improvements Acts in force respectively in the 
 said city and borough : 
 In any place in which there is no local board of health or council, and 
 where there are or shall be trustees or commissioners under an Improve- 
 ment Act, such trustees or commissioners : 
 In any place within which there is no such local board of health nor council, 
 body of trustees or commissioners, and where there is or shall be a board 
 for the repair of the highways of such place, that board : 
 In any place where there is no such local board of health, council, body of 
 trustees, or commissioners, nor highway board, a committee for carrying 
 this Act into execution, by the name of "The Nuisances Removal 
 Committee," of which the surveyor or surveyors of highways for the time 
 being of such place shall be ex officio a member or members, may be 
 annually chosen by the vestry on the same day as the overseers or sur- 
 veyors of highways, and the first of such committees may be chosen at a 
 vestry to be specially held for that purpose ; and such committee may con- 
 sist of such number of members as the vestry shall determine, not being 
 more than twelve, exclusive of such surveyor or surveyors, and of such com- 
 mittee three shall be a quorum : 
 In any place wherein there is no such local board of health, council, body of 
 trustees, or commissioners, highway board, or committee appointed as 
 aforesaid, and wherein there is or shall be a board of inspectors for lighting 
 and watching under the Act 3 & 4 W. 4. c. 90., that board with the sur- 
 veyor of highways : 
 In any place in which there is no such local board of health, council, body 
 of trustees, or commissioners, nor highway board, nor committee appointed 
 as aforesaid, nor board of insjiectors for lighting and watching, the guardians 
 and overseers of the poor and the surveyors of the highways in and for such 
 place. 
 
 As to filling up Vacancies. 
 
 IV. On any vacancy in such nuisances removal committee arising from death, 
 change of residence, or other '.vise, notice shall be given by the committee to the 
 churchwardens, who shall forthwith summon a meeting of the vestry, and fill up 
 such vacancy by election ; and until such vacancy is filled up the remaining mem- 
 bers of the committee may act in all respects as if their number was complete. 
 
 Power to Local Authority to appoint Committees. 
 
 V. The local authority may appoint any committee of their own body to receive 
 notices, take proceedings, and in all or certain specified respects execute this Act, 
 whereof two shall be a quorum ; and such local authority, or their committee, may, 
 in each particular case, by order in writing under the hand of the chairman of such 
 body or committee, emj)0wer any officer or person to make complaints and take 
 proceedings on their behalf. 
 
 As to the Execution of this Act in Extra-parochial Places. 
 
 VI. In extra-parochial places not comprised within the jurisdiction of any of 
 the local authorities aforesaid, and having a population of not less than two hundred 
 persons, the local authority for the execution of this Act shall be a nuisance re- 
 moval committee, elected annually by the householders within the extra-parochial 
 place : 
 
 The first election of such committee shall take place at a meeting of such house- 
 holders summoned for that purpose by the churchwardens of the adjacent 
 place having the largest common boundary with such extra-parochial place ; 
 and
 
 360 APPENDIX. 
 
 Subsequent elections shall be held annually on some day in Easter week at 
 meetings summoned by the chairman of the local authority for the year pre- 
 cfeding: 
 
 Extra-parochial places not so comprised as aforesaid, and having a population 
 of less than two hundred persons, shall for the purpose of this Act be 
 attached to and form part of the adjacent place having the largest common 
 boundary with the extra- parochial place, and notice of vestry meetings for 
 the election of a local authority under and for the purposes of this Act shall 
 be given in such extra-parochial places, and the householders within such 
 places may attend such vestry meetings, and vote on such elections. 
 
 As to defraying Expenses of Executing this Act. 
 
 VII. All charges and expenses incurred by the local authority in executing this 
 Act, and not recovered, as by this Act provided, may be defrayed as follows : to wit, 
 
 Out of general district rates, where the local authority is a local board of health ; 
 
 Out of the borough fund or borough rate, where the local authority is the 
 mayor, aldermen, and burgesses by the council, or if there be an Improve- 
 ment Act for the borough administered by the council, then out of rates 
 levied thereunder applicable to the purposes of such Improvement Act ; or 
 in the city of London and the liberties thereof, any rates or funds administered 
 by the commissioners of sewers for the said city and liberties ; 
 
 Provided always, that in the city of Oxford and borough of Cambridge such 
 expenses shall be deemed annual charges and expenses of cleansing the streets 
 of the said city and borough respectively, and shall be so payable ; 
 
 Out of the rates levied for purposes of improvement under any Improvement 
 Act, where the local authority is a body of trustees or commissioners acting 
 in execution of the powers of such an Act ; 
 
 Out of highway rates, or any fund applicable in aid or in lieu thereof, where 
 the local authority is a highway board, or a nuisance removal committee ; 
 
 Out of the rates for lighting and watching, where the local authority is a board 
 of inspectors appointed for lighting and watching ; 
 
 And if there be no such rates or funds, or if the local authority be the guardians 
 and surveyors of highways, then out of the rates or funds applicable to the 
 relief of the poor of the parish or place wherein such rates or funds are 
 collected or arise, if such parish or place be co-extensive with the district 
 within which the charges and expenses are incurred, but if such parish or 
 place be now or hereafter shall be partly comprised within and partly without 
 the limits of a place where a local authority other than a highway board, 
 nuisance removal committee, inspectors of watching and lighting, and 
 surveyors or guardians and surveyors, exists or shall exist, all the charges 
 and expenses incurred in the district comprising that part of the parish or 
 place which is excluded from such limits shall be defrayed out of any high- 
 way rate or rates, or any funds applicable in lieu thereof, collected or raised 
 witliin the part so excluded ; and if there be more than one highway rate 
 collected within such district, the local authority shall settle tlie proportion 
 in which the respective parties or places liable thereto shall bear such charges 
 and expenses ; and if any poi tion of such excluded part be exempt from 
 such highway rate or rates, then all the charges and expenses incurred in 
 the whole of such excluded part shall be defrayed out of any district police 
 rate or other rate wliich may Ijy the Act 12 & 13 Vict. cap. 65. be raised 
 and assessed upon such excluded part : 
 
 And when the local authority has not control of such rates or funds, the officer 
 or person having the custody or control thereof shall pay over the amount 
 to the local authority on the order of two justices, directed to such officer or 
 j)erson ; and on neglect or refusal to pay the sum specified in such order for 
 six days after the service thereof, the same may, by warrant under the 
 hands of the same or any two justices, be levied by distress and sale of the 
 goods and chattels of the officer or person in default, and such levy shall 
 include the cost of such distress and sale : 
 
 In extra-parochial places having a population of not less than two hundred persons.
 
 APPENDIX. -iGl 
 
 out of a rate assessed by the local authority on all such property in the place 
 as would he assessable to highway rate if such rate were levied therein : 
 
 In extra- parochial places having a population of less than two hundred persons, 
 out of a similar rate assessed by the surveyor of hit,diways of the adjacent 
 place having the largest common boundary with such extra-parochial j)lace : 
 
 And the local authority in the first case, and the surveyor of highways in the 
 second, aiay levy and collect the .sums so assesseil, in the same manner, and 
 with the same remedies in case of any default in payment thereof, and with 
 the same right of appeal against the amount of such assessment reserved to 
 the person assessed, as are provided by the law in force for the time being 
 with regard to rates for the repair of highways. 
 
 What are deemed Nuisances under this Act. 
 
 VIII. The word "nuisances" under this Act shall include- 
 Any premises in sucli a state as to be a nuisance or injurious to health : 
 Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or 
 
 ashpit 80 foul as to be a nuisance or injurious to health : 
 Any animal so kept as to be a nuisance or injurious to health : 
 Any accumulation or deposit which is a nuisance or injurious to health: 
 Provided always, that no such accumulation or deposit as shall be necessary for the 
 effectual carrying on of any business or manufacture shall be punishable as a nui- 
 sance under this section, when it is proved to the satisfaction of the justices that 
 the accumulation or deposit has not been kept longer than is necessary for the pur- 
 poses of such business or manufacture, and that the best available means have 
 been taken for protecting the public from injury to health thereby. 
 
 Power to Local Authority to appoint a Sanitary Inspector, and allow him a 
 proper Salary. 
 
 IX. The local authority shall for the purposes of this Act appoint or employ, or 
 join with other local authorities in appointing or employing, a sanitary inspector or 
 inspectors, and may appoint a convenient place for his or tlieir office, and may 
 allow to every such person on account of his employment a proper salary or allow- 
 ance ; and where local authorities join in such appointment or employment they 
 may apportion among themselves the payment of such salary or allowance : 
 Provided always, that where the local authority has already appointed an officer 
 who executes the duties of sucii inspector under any Improvement Act, it shall not 
 be necessary to appoint any other inspector under this Act, but the inspector act- 
 ing in execution of the Improvement Act shall have all the powers, authorities, 
 and privileges granted to any inspector appointed under this Act. 
 
 Notice of Nuisances to be given to Local Authority, &c. to ground Proceedings. 
 
 X. Notice of nuisance may be given to the local authority by any person 
 aggrieved thereby, or by any of the following persons : the sanitary inspector or 
 any paid officer under the said local authority ; two or more inhabitant house- 
 holders of the parish or place to which the notice relates ; the relieving officer of 
 the union or parish ; any constable or any officer of the constabulary or police 
 force of the district or place ; and in ease the premises be a common lodging-house 
 any person appointed for the inspection of common lodging-houses ; and the local 
 authority may take cognizance of any such nuisance after entry made as herein- 
 after provided, or in conformity with any Improvement Act under which the 
 inspector has been appointed. 
 
 Power of Entry to Local A ufhority or their Officer. 
 
 XI. The local authority shall have power of entry for the following purposes of 
 this Act, and under the following coaditions : — 
 
 1. To ground proceedings. 
 
 For this purpose, when they or any of their officers have reasonable grounds for 
 
 believing that a nuisance exists on any private premises, demand may be made by 
 
 them or their officer, on any person having custody of the premises, of admission 
 
 to inspect the same at any hour between nine in the morning and six in the even-
 
 362 APPENDIX. 
 
 ing; and if admission be not granted, any justice having jurisdiction in the place 
 may, on oath made before him of belief in the existence of the nuisance, and after 
 reasonable notice of the intended application to such justice being given in writing 
 to the party on whose premises the nuisance is believed to exist, by order under 
 his hand, require the person having the custody of the premises to admit the local 
 authority or their officer ; and if no person having custody of the premises can be 
 discovered, any such justice may and shall, on oath made before him of belief in (he 
 existence of such nuisance, and of the fact that no person having custody of the 
 premises can be discovered, by order under his hand authorize the local authority 
 or their officers to enter the premises between the hours aforesaid. 
 
 2. To examine premises where nuisances exist to ascertain the course of 
 drains, and to execute or inspect works ordered by justices to be done 
 under this Act. 
 
 For these purposes, whenever, under the provisions of this Act, a nuisance has 
 been ascertained to exist, or when an order of abatement or prohibition under this 
 Act has been made, or when it becomes necessary to ascertain the course of a 
 drain, the local authority may enter on the premises, by themselves or their officers, 
 between the hours aforesaid, until the nuisance shall have been abated or the course 
 of the drain shall have been ascertained, or the works ordered to be done shall have 
 been completed, as the case may be. i 
 
 3. To remove or abate a nuisance in case of noncompliance with or infringe- 
 ment of the order of justices, or to inspect or examine any carcase, meat, 
 poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour, under the 
 powers and for the purposes of this Act. 
 
 For this purpose the local authority or their officer may from time to time enter 
 the premises where the nuisance exists, or the carcase, meat, poultry, game, flesh, 
 fish, fruit, vegetables, corn, bread, or flour is found, at all reasonable hours, or at 
 all hours during which business is carried on on such premises, without notice. 
 
 PART II. 
 
 With eegakd to Removal op Nuisances. 
 
 Proceedings hy Local Authority before Justices in the Case of Nuisances liJcely to 
 recur, dx. If proved to Justices that Nuisance exists, <kc., they shall issue Order 
 for Abatement, d-c. 
 
 With regard to the removal of nuisances, be it enacted thus : 
 
 XII. In any case where a nuisance is so ascertained by the local authority to 
 exist, or where the nuisance in their opinion did exist at the time when the notice 
 waa given, and, although the same may have been since removed or discontinued, 
 is in their opinion likely to recur or to be repeated on the same premises or any 
 part thereof, they shall cause complaint thereof to be made before a justice of the 
 peace ; and such justice shall thereupon issue a summons requiring the person by 
 whose act, default, [lermission, or sufferance the nuisance arises or continues, or, if 
 such person cannot be found or ascertained, the owner or occupier of the premises 
 on which the nuisance arises, to appear before any two justices in petty sessions 
 assembled, at the u.-,ual place of meeting, who shall proceed to inquire into the said 
 complaint ; and if it be proved to their satisfaction that the nuisance exists, or did 
 exist at the time when the notice was given, or, if removed or discontinued since 
 the notice was given, that it is likely to recur or to be repeated, the justices shall 
 make an order in writing under their hands and seals on such person, owner, or 
 occupier for the abatement or discontinuance and prohibition of the nuisance as 
 herein-after mentioned, and shall also make an order for the payment of all calls 
 incurred up to the time of hearing or making the order for abatement or discon- 
 tinuance or prohibition of the nuisance. 
 
 Justices Order for Abatement. Prohibitive Order against future Nuisance. 
 
 XIII. By their order the justices may require the person on whom it is made 
 to provide sufficient privy accommodation, means of drainage or ventilation, or to
 
 APPENDIX. 
 
 363 
 
 make safe and habitable, or to pave, cleanse, whitewash, disinfect, or purify the pre- 
 mises which are a nuisance or injurious to health, or such part thereof as the justices 
 may direct in their order, or to drain, empty, cleanse, fill up, amend, or remove the 
 injurious pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or ashpit 
 which is a nuisance or injurious to health, or to provide a substitute for that com- 
 plaiuedof, or to carryaway the accumulation or deposit which is anuisanceorinjurious 
 to health, or to provide for the cleanly and wholesome keeping of tliC animal kept 
 so as to be a nuisance or injurious to health, or if it be proved to the justices to be 
 impossible so to provide, then to remove the animal, or any or all of these things 
 (according to the nature of tlie nuisance), or to do such other works or acts as are 
 necessary to abate the nuisance complained of, in such manner and within such 
 time as in such order shall be specified ; and if the justices are of opinion that 
 such or the like nuisance is likely to recur, tlie justices may further prohibit tlie 
 recurrence of it, and direct the works necessary to prevent such recurrence, as the 
 case may in the judgment of such justices require ; and if the nuisance proved to 
 exist be such as to render a house or building, in the judgment of the justices, 
 unfit for human habitation, they may prohibit the using thereof for that purpose 
 until it is rendered tit for that purpose in the judgment of the justices, and on their 
 being satisfied that it has been rendered fit for such purpose they may determine 
 their previous order by another declaring such house habitable, from the date of 
 which other order such house may be let or inhabited. 
 
 Penalty for Contravention of Order of A batement ; and of Prohibition. Local 
 Authority may enter and remove or abate Auisance. 
 
 XIV. Any person not obeying the said order for abatement shall, if he fail to 
 satisfy the justices that he has used Al due diligence to carry out such order, be 
 liable for every such offence to a penalty of not more than ten shillings per day 
 during his default ; and any person knowingly and wilfully acting contrary to the 
 said order of prohibition shall be liable for every such offence to a penalty not 
 exceeding twenty shillings per day during such contrary action ; and the local 
 authority may, under the powers of entry given by this Act, enter the premises to 
 which the order relates, and remove or abate the nuisance condemned or pro- 
 hibited, and do whatever may be necessary in execution of such order, and charge 
 the cost to the person on whom the order is made, as herein-after provided. 
 
 Appeal against Order of Prohibition. 
 
 XV. Any such order of prohibition may be appealed against as provided in this 
 Act. 
 
 Appeal against Order of Abatement when structural Worls are required. 
 
 XVI. When it shall appear to the justices that the execution of structural 
 works is required for the abatement of a nuisance, they may direct such works to be 
 carried out under the direction or with the consent or approval of any public 
 board, trustees, or connnissioners having jurisdiction in the place in respect of such 
 works ; and if within seven days from the date of the order the person on whom 
 it is made shall have given notice to the local authority of his intention to appeal 
 against it as provided in this Act, and shall have entered into recognizances to try 
 such appeal as provided by this*Act, and shall appeal accordingly, no liability to 
 penalty sliall arise, nor shall any work be done nor proceedings taken under such 
 order until after the determination of such appeal, unless such appeal cease to be 
 prosecuted. 
 
 // Person causing Nuisance cannot be found, Local Authority to execute 
 Order at once. 
 
 XVII. Whenever it appears to the satisfaction of the justices that the person 
 by whose act or default the nuisance arises, or the osvner or occupier of the {'re- 
 mises is not known or cannot be found, then such order may be addressed to and 
 executed by such local authority, and the cost defrayed out of the rates or fuuds 
 applicable to the execution of this Act.
 
 864 APPENDIX. 
 
 Manure, (be. to he sold. 
 
 XVIII. Any matter or thing removed by the local authority in pursuance of 
 this enactment may be sold by public auction, after not less than five days' notice 
 by posting bills distributed in the locality, unless in cases where the delay would 
 be prejudicial to health, when the justices may direct the immediate removal, 
 destruction, or sale of the matter or thing ; and the money arising from the sale 
 retained by the local authority, and applied in payment of all expenses incurred 
 under this Act with reference to such nuisance, and the surplus, if any, shall be 
 paid, on demand, by the local authority, to the owner of such matter or thing. 
 
 Costs and Expenses of Works to he paid hy Person on ivhom Order is made, 
 or Owner or Occupier. 
 
 XIX. All reasonable costs and expenses from time to time incurred in making 
 a complaint, or giving notice, or in obtaining an order of justices under this Act, 
 or in carrying the same into effect under this Act, shall be deemed to be money 
 paid for the use and at the request of the person on whom the order is made, or if 
 the order be made on the local authority, or if no order be made, but the nuisance 
 be proved to have existed when the complaint was made or the notice given, then 
 of the person by whose act or default the nuisance was caused ; and in case of 
 nuisances caused by the act or default of the owner of premises, the said premises 
 shall be and continue chargeable with such costs and expenses, and also with the 
 amount of any penalties incurred under this Act, until the same be fully discharged, 
 provided that such costs and expenses shall not exceed in the whole one year's rack- 
 rent of the premises ; and such costs and expenses, and penalties, together with the 
 charges of suing for the same, may be recovered in any county or superior court, 
 or, if the local authority think fit, before any two justices of the peace ; and the 
 said justices shall have power to divide such costs, expenses, and penalties, between 
 the persons by whose act or default the nuisance arises, in such manner as they 
 shall consider reasonable ; and if it appear to them that a complaint made under 
 this Act is frivolous or unfounded, they may order the payment by the local 
 authority or person making the complaint of the costs incurred by the person 
 against whom the complaint is made, or any part thereof. 
 
 Proceedings hefore Justices to recover Ejcpenses. 
 
 XX. Where any costs, expenses, or penalties are due under or in consequence 
 of any order of justices made in pursuance of this Act as aforesaid, any justice of 
 the j)eace, upon the application of the local authority, shall issue a summons re- 
 quiring the person from whom they are due to appear before two justices at a time 
 and place to be named therein ; and upon proof to the satisfaction of the justices 
 present that any such costs, expenses, or penalties are so due, such justices, unless 
 they think fit to excuse the party summoned upon the ground of poverty or other 
 special circumstances, shall, by order in writing under their hands and seals, order 
 him to pay the aniount to the local authority at once, or by such instalments as 
 the justices think fit, together with the charges attending such application and the 
 proceedings thereon ; and if the amount of such order, or any instalment thereof, 
 be not paid within fourteen days after the sum is due, the same may, by warrant 
 of the said or other justices, be levied by distress and sale. 
 
 Surveyors of Uighways to cleanse Ditches, <tr., paying Owners, <i-c. for Damages. 
 
 XXI. All surveyors and district surveyors may make, scour, cleanse, and keep 
 open all ditches, gutters, drains, or watercourses in and through any lands or 
 grounds adjoining or lying near to any highway, upon p. ying theowner or occupier 
 of such lands or grounds, provided they are not waste or common, for the damages 
 which he shall thereby sustain, to bu settled and paid in such manner as the 
 damages for getting materials in enclosed lands or grounds are directed to be settled 
 and paid by the law in force for the time being with regard to highways.
 
 APPENDIX, 365 
 
 Power to Local Authority to cover and improve open Ditches, <fcc. 
 
 XXII. Whenever any ditch, gutter, drain, or watercourse used or partly used 
 for the conveyance of any water, filth, sewage, or other matter from any house, 
 buildings, or premises is a nuisance within the meaning of this Act, and cannot, in 
 tiie opinion of the local authority, be rendered innocuous without the laying duwn 
 of a sewer or of some other structure along the same or part thereof or instead 
 thereof, such local authority shall and they are hereby required to lay down such 
 sewer or other structure, and to keep the same in good and serviceable repair ; and 
 they are hereby declared to have the same powers as to entering lands for the pur- 
 poses thereof, and to be entitled to recover the same penalties in case of interference 
 as are contained in the sixty-seventh and sixty-eighth sections of the Act passed 
 in the filth and sixth years of the reign of King WiUiam IV., intituled " An Act 
 for consolidating and amending the Laws relating to Highways in Emjland ;" and 
 such local authority are hereby authorized and empowered to as.sess every house, 
 building, or premises then or at any time thereafter using for the purposes afore- 
 said the said ditch, gutter, drain, watercourse, sewer, or other structure, to such 
 payment, either immediate or annual, or distributed over a term of years, as they 
 shall think just and reasonable, and, after fourteen days' notice at the least left on 
 the premises so assessed, to levy and collect the sum and sums so assessed in the 
 same manner, and with the same remedies in case of default in payment thereof, 
 as highway rates are by the law in force for the time being leviable and collectable, 
 and with the same right and power of appeal against the amount of such assess- 
 ments reserved to the person or persons so assessed as by the law for the time being 
 in force shall be given against any rate made for the repair of the highways ; and 
 the provisions contained in this section shall be deemed to be part of the law re- 
 lating to highways in Eivjland : Provided always, that where such ditch, gutter, 
 drain, or watercourse shall, as to parts thereof, be within the jurisdiction of different 
 local authorities, this enactment shall api)ly to each local authority only as to so 
 much of the works hereby required, and the expenses thereof, as is included withm 
 the respective jurisdiction of that authority : Provided also, that such assessment 
 shall in no case exceed a shilling in the pound on the assessment to the highway 
 rate, if any. 
 
 Penalty for causing Water to he corrupted by Gas Washings. 
 
 XXIII. Any person or company engaged in the manufacture of gas who shall 
 at any time cause or suffer to be brought or to flow into any stream, reservoir, or 
 aqueduct, pond, or place for water, or into any drain communicating therewith, 
 any washing or other substance produced in making or supplying gas, or shall 
 wilfully do any act connected with the making or supplying of gas whereby the 
 water in any such stream, reservoir, aqueduct, pond, or place for water shall be 
 fouled, shall forfeit for every such offence the sum of two hundred pounds. 
 
 Penalty to he sued for in Superior Courts within Six Months, 
 
 XXIV. Such penalty may be recovered, with lull costs of suit, in any of the 
 superior courts, by the person into whose water such washing or other substance 
 shall be conveyed or shall flow, or whose water shall be fouled by any such act as 
 aforesaid, or if there be no such person, or in default of proceedings by such person, 
 after notice to him from the local authority of their intention to proceed fur such 
 penalty, by the local authority ; but such penalty shall not be recoverable unless it 
 be sued for during the continuance of the offence, or within six months after it 
 shall have ceased. 
 
 Daily Penalty during the Continuance of the Offence. 
 
 XXV. In addition to the said penalty of two hundred pounds (and whether 
 such penalty shall have been recovered or not), the person or company so offending 
 shall forfeit the sum of twenty pounds (to be recovered in the like manner) for each 
 day during which such washing or other substance shall be brought or shall flow
 
 366 APPENDIX. 
 
 as aforesaid, or during which the act by which such water shall be fouled shall 
 continue, after the expiration of twenty-four hours from the time when notice of 
 the offence shall have been served on such person or company by the local authority, 
 or the person into whose water such washing or other substance shall be brought 
 or flow, or whose water shall be fouled thereby, and such penalty shall be paid to 
 the parties from whom such notice shall proceed ; and all monies recovered by a 
 local authority under this or the preceding section shall, after payment of any 
 damage caused by the act for which the penalty is imposed, be applied towards de- 
 fraying the expenses of executing this Act. 
 
 Penalty on Sale of unwholesome Meat, die, 
 
 XXVI. The sanitai-y inspector may at all reasonable times inspect and examine 
 any carcase, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour 
 exposed for sale, or in the course of or on their way to slaughtering, dressing, or 
 preparation for sale or use, or landed from any ship or vessel in any port in Eng- 
 land; and in case any such carcase, meat, poultry, game, flesh, fish, fruit, vege- 
 tables, corn, bread, or flour appear to him to be unfit for such food, the same may 
 be seized ; and if it appear to a justice that any such carcase, meat, poultry, game, 
 flesh, fish, fruit, vegetables, corn, bread, or flour, is unfit for the food of man, he 
 shall order the same to be destroyed or to be so disposed of as to prevent its being 
 exposed for sale or used for such food ; and the person to whom such carcase, 
 meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, or flour belongs, or 
 in whose custody the same is found, shall be liable to a penalty not exceeding ten 
 pounds for every carcase, fish, or piece of meat, flesh, or fish, or any poultry or 
 game, or for the parcel of fruit, vegetables, corn, bread, or flour so found. 
 
 As to Nuisances arising in Cases of noxious Trades, Businesses, Processes, 
 or Manufactures. 
 
 XXVII. If any candle-house, melting-house, melting-place, or soaphouse, or 
 any slaughterhouse, or any building or place for boiling ofl'al or blood, or for boil- 
 ing, burning, or crushing bones, or any manufactory, building, or place used for 
 any trade, business, process, or manufacture causing efiluvia, be at any time 
 certified to the local authority by any medical oflBcer, or any two legally qualified 
 medical practitioners, to be a nuisance or injurious to the health of the inhabitants 
 of the neighbourhood, the local authority shall direct complaint to be made before 
 any justice, who may summon before any two justices in petty sessions assembled 
 at their usual place of meeting the person by or in whose behalf the work so com- 
 plained of is caiTied on, and such justices shall inquire into such complaint, and if 
 it shall appear to such justices that the trade or business carried on by the person 
 complained against is a nuisance, or causes any efiluvia injurious to the health of 
 the inhabitants of the neighbourhood, and that such person shall not have used the 
 best practicable means for abating such nuisance or preventing or counteracting 
 such efiluvia, the person so ofiending (being the owner or occupier of the premises, 
 or being a foreman or other person employed by such owner or occupier), shall, 
 upon a summary conviction for such ofience, forfeit and pay a sum of not more than 
 five pounds nor less than forty shiUings, and upon a second conviction for such 
 off"ence, the sum of ten pounds, and for each subsequent conviction a sum double 
 the amount of the penalty imposed for the last preceding conviction, but the 
 highest amount of such penalty shall not in any case exceed the sum of two hundred 
 pounds: Provided always, that the justices may suspend their final determination 
 in any such case, upon condition that the person so complained against shall under- 
 take to adopt, within a reasonable time, such means as the said justices shall judge 
 to be practicable and order to be carried into efi'ect for abating such nuisance, or 
 mitigating or preventing the injurious efi"ects of such effluvia, or shall give notice 
 of appealln the manner provided by this Act, and shall enter into recognizances to 
 try such appeal, and shall appeal accordingly : Provided always, that the provisions 
 herein-before contained shall not extend or be applicable to any place without the 
 limits of any city, town, or populous district.
 
 APPENDIX. 367 
 
 Reference to Superior Court at the Option of the Parly complained against. 
 
 XXVIII. Provided also, that if, upon his appearance before such justices, the 
 party complained against ol;ject to have the matter determined l)y such justices, 
 and enter into recognizances, with sufficient sureties to be approved by the justices, 
 to abide the event of any proceedings at law or in equity that may be had against 
 him on account of the subject matter of complaint, the local authority shall there- 
 upon abandon all proceedings before the justices, and shall forthwith take pro- 
 ceedings at law or in equity in Her Majesty's superior courts for preventing or 
 abating the nuisance complained of. 
 
 On Certificate of Medical Officer to Local Authority that House is overcrowded, 
 Proceedings may he taken to abate the same. 
 
 XXIX. Whenever the medical officer of health, if there be one, or, if none, 
 whenever two qualified medical practitioners, shall certify to the local authority 
 that any house is so overcrowded as to be dangerous or prejudicial to the health of 
 the inhabitants, and the inhabitants shall consist of moie than one family, the local 
 authority shall cause proceedings to be taken before the justices to abate such over- 
 crowding, and the justices shall thereupon make such order as they may think fit, 
 and the person permitting such overcrowding shall forfeit a sum not exceeding 
 forty shillings. 
 
 Local Authority to order Costs of Prosecutions to he paid out of the Rates. 
 
 XXX. The local authority may, within the area of their jurisdiction, direct any 
 proceedings to be taken at law or in equity in cases coming within the purview of 
 this Act, and may order proceedings to be taken for the recovery of any penalties, 
 and for the punishment of any persons offending against the provisions of this Act, 
 or in relation to appeals under this Act, and may order the expenses of all such 
 proceedings to be paid out of the rates or funds administered by them under this 
 Act. 
 
 PART III. 
 
 As TO Prockdure under this Act. 
 Service of Notices, Summonses, and Orders. 
 
 And with regard to procedure under this Act, be it enacted, that — 
 
 XXXI. Notices, summonses, and orders under this Act may be served by 
 delivering the same to or at the residence of the persons to whom they are 
 respectively addressed, and where addressed to the owner or occupier of premises 
 they may also be served by delivering the same or a true copy thereof to some 
 persoia upon the premises, or if there be no person upon the premises who can be 
 so served, by fixing the same upon some conspicuous part of the premises, or if 
 the person shall reside at a distance of more than five miles from the office of the 
 inspector then by a registered letter through the post. 
 
 Proof of Resolutions of Local Authority. 
 
 XXXII. Copies of any orders or resolutions of the local authority or their 
 committee, purporting to be signed by the chairman of such body or committee, 
 shall, unless the contrary be shown, be received as evidence thereof, without proof 
 of their meeting, or of the official character or signature of the person signing the 
 same. 
 
 As to Proceedings taken against several Persons for the same Offence. 
 
 XXXIII. Where proceedings under this Act are to be taken against several 
 persons in respect of one nuisance caused by the joint act or default of such persons, 
 it shall be lawful for the local authority to includfl such persons in one complaint, 
 and for the justices to include such persons in one summons, and any order made
 
 368 APPENDIX. 
 
 in such a case may be made upon all or any number of the persons included in the 
 Bumnions, and the costs may be distributed as to the justices may appear fair and 
 reasonable. 
 
 One or more joint Owners or Occupiers may he proceeded against alone. 
 
 XXXIV. In case of any demand or complaint under this Act to which two or 
 more ])ersons, being owners or occupiers of premises or partly the one or partly the 
 other, may be answerable jointly or in common or severally, it shall be sufficient 
 to proceed against any one or more of them without proceeding against the others 
 or other of tliem ; but nothing herein contained shall prevent the parties so pro- 
 ceeded against from recovering contribution in any case in which they would now 
 be entitled to contribution by law. 
 
 Designation of " Owner" or " Occupier." 
 
 XXXV. Whenever in any proceeding under this Act, whether written or 
 otherwise, it shall become necessary to mention or refer to the owner or occupier of 
 any premises, it shall be sufficient to designate him as the "owner" or "occupier" 
 of such premies, without name or further description. 
 
 Penalty for obstructing Execution of this Act. 
 XXXVT. "Whoever refuses to obey an order of justices under this Act for 
 admission on premises of the local authority or their officers, or wilfully obstructs 
 any person acting under the authority or employed in the execution of this Act, 
 shall be liable for e?ery such oflence to a penalty not exceeding five pounds. 
 
 Penalty on Occupier obstructing Owner. 
 
 XXXVII. If the occupier of any premises prevent the owner thereof from 
 obeyinw or carrying into effect the provisions of this Act, any justice to whom 
 application is made in this behalf shall by order in writing require such occupier to 
 desist from such prevention, or to permit the execution of the works required to be 
 executed, provided that such works appear to such justice to be necessary for the 
 purpose of obeying or carrying into effect the provisions of this Act ; and if 
 within twenty-four hours after the service of such order the occupier against whom 
 it is made do not comply therewith, he shall be liable to a penalty not exceeding 
 five pounds for every day afterwards during the continuance of such noncom- 
 pliance. 
 
 Penalties and Eocpenses recoverable under 11 <fc 12 Vict. c. 43. 
 
 XXXVIII. Penalties imposed by this Act for offences committed and sums 
 of money ordered to be paid under this Act may be recovered by persons thereto 
 competent in England according to the provisions of the Act of the eleventh and 
 twelfth years of the present reign, chapter forty-three ; and all penalties recovered 
 by the local authority under this Act shall be paid to them, to be by them applied 
 in aid of their expenses under this Act. 
 
 Proceedings not to be quashed for Want of Form. 
 
 XXXIX. No order, nor any other proceeding, matter, or thing done or trans- 
 acted in or relating to the execution of this Act, shall be vacated, quashed, or set 
 aside for want of form, nor shall any order, nor any other proceeding, matter, or 
 thing done or transacted in relation to the execution of this Act, be removed or 
 removable by certiorari, or by any other writ or process whatsoever, into any of 
 the superior courts ; and proceedings under this Act against several persons 
 included in one complaint shall not abate by reason of the death of any among the 
 persons so included, but all such proceedings may be carried on as if the deceased 
 person Lad not been originally so included. 
 
 Appeals under this A ct to be to Quarter Sessions. 
 XL. Appeals under this Act shall be to the court of quarter sessions held next 
 after the making of the order appealed against ; but the appellant shall not be
 
 APPENDIX. 369 
 
 heard in support of the appeal unless within fourteen days after the making of the 
 order appealed against he give to the local authority noiice in writing stating his 
 intention to bring such appeal, together with a .statement in writing of the grounds 
 of appeal, and sliall within two days of giving such notice enter into a recognizance 
 before some justice of the peace, with sufficient securities, conditioned to try such 
 appeal at the said court, and to abide the order of and |)ay such costs as shall 
 be awarded by the justices at such court or any adjournment thereof; and the said, 
 court, upon hearing and finally determining the matter of the appeal, may, according 
 to its discretion, award such costs to the party appealing or api>ealed against as 
 they shall think proper, and its determination in or concerning the premises shall 
 be conclusive and binding on all persons to all intents or purposes whatsoever: 
 Provided always, that if there be not time to give such notice and enter into such 
 recognizance as aforesaid, then such appeal may be made to, and such notice, 
 statement, and reC'ignizance be given and entered into for, the next sessions at 
 which the appeal can be heard ; provided also, that on the hearing of the appeal 
 no grounds of ap|)eal shall be gone into or entertained other than those set forth in 
 such statement as aforesaid ; provided also, tliat in any case of appeal the court of 
 quarter sessions may, if they think fit, state the facts specially for the determination 
 of Her Majesty Court of Queen's Bench, in which case it shall be lawful to remove 
 the proceedings, by writ of certiorari or otherwise, into the said Court of Queen's 
 Bench. 
 
 Forms to be used as in Schedule. 
 
 XLI. The forms contained in the schedule to this Act annexed, or any forms 
 to the lilse effect, varied as circumstances may require, may be used for instruments 
 under this Act, and shall be sufficient for the purpose intended. 
 
 As to Protection of Local Authority ; and its Officers. 
 
 XLII. The local authority, and any oflScer or person acting under the 
 authority and in execution or intended execution of this Act, shall be entitled to 
 such protection and privilege in actions and suits, and such exemption from 
 personal liability, as are granted to local boards of health and their officers by 
 the law in force for the time being. 
 
 Act not to impair Jurisdiction of Sewers Commissioners, or Common Law Remedies 
 for Nuisance, nor Jurisdiction of Local Authority as to the Nuisances referred 
 to in this Act. 
 
 XLIII. Nothing in this Act shall be construed to aflfect the provisions of any 
 local Act as to matters included in this Act, nor to impair, abridge, or take away 
 any power, jurisdiction, or authority which may at any time be vested in any 
 commissioners of sewers or of drainage, or to take away or interfere with any 
 course of proceedings which might be resorted to or adopted by such commis- 
 sioners if tbis Act had not passed, nor to impair any power of abating nuisances at 
 common law; nor any jurisdiction in respect of nuisances that may be possessed by 
 any authority under the Act intituled ''An Act to abate the Nuisances arising from 
 the Smoke of Fuinaces in the Metropolis, and from Steatn Vessels above London 
 Bridge,'" or the Common Lodging Houses Acts, the Act for the Regulation of Muni- 
 cipal Corporations, the Public Health Act, or any Improvement Act respectively, 
 or any Acts incorpoi-ated with such Acts, and authorities may respectively proceed 
 for the abatement of nuisances or in respect of any other matter or thing herein- 
 before provided or referred to either under the Acts mentioned in this section or any 
 other Act conferring jurisdiction in respect of the nuisances referreil to in this Act, 
 or any byelaws framed under any such Act, as they may think fit ; and the local 
 authorities constituted under and for the purposes of the Common Lodging House 
 Acts, 1851 and 1853, shall for the purposes of those Acts have all the powers o 
 local authorities under this Act. 
 
 Act not to affect Navigation of Rivers or Canals. 
 
 XLIV. Nothing herein contained shall enable any local authority, surveyor 
 of highways, or other person, either with or without any order of justices, to 
 
 B B
 
 370 APPENDIX. 
 
 injuriously affect the navigation of any river or canal, or to divert or diminish any 
 supply of water of right belonging to any such river or canal ; and the provisions 
 of this Act shall not extend or be construed to extend to mines of different descrip- 
 tions so as to interfere with or obstruct the efficient working of the same, or to the 
 smelting of ores and minerals or to the manufacturing of the produce of such ores 
 and minerals. 
 
 Saving as to Rights of Millowners. Jcc. 
 
 XLV. No power given by this Act shall be exercised in such manner as to 
 injuriously affect the supply, quality, or fall of water contained in any reservoir or 
 stream, or any feeders of such reservoir or stream, belonging to or supplying any 
 waterwork established by Act of Parliament, or in cases where any company or indivi- 
 dual are entitled for their own benefit to the use of such reservoir or stream, or to 
 the supply of water contained in such feeders, without the consent in writing of the 
 company or corporation in whom such waterworks may be vested, or of the parties 
 so entitled to the use of such reservoirs, streams, and feeders, and also of the owners 
 thereof in cases where the owners and parties so entitled are not the same person. 
 
 Short Title. 
 
 XLVI. In citing this Act in other Acts of Parliament, and in legal instruments 
 and other proceedings, it shall be sufficient to use the words '' The Nuisances Re- 
 moval Act for England, 1855," 
 
 SCHEDULE OF FORMS. 
 
 Form (A.) 
 
 Order of Justices for Admission of Officer of Local Authority to inspect 
 private Premises, 
 
 Whereas [describe the local atithority] have by their officer [naming hhn] made 
 application to me A.B., one of Her Majesty's justices of the peace having jurisdic- 
 tion in and for [describe the placed and the said officer has made oath to me of his 
 belief that a nuisance, within the meaning of the Nuisances Removal Act for 
 Etiuland, 1855, viz. [describe nuisance^ exists on private premises at [describe 
 sitaaiion of premises so as to identifij them'}, within my jurisdiction, and demand 
 of admission to such premises for the inspection thereof has been duly made under 
 the said Act, and refused : 
 
 Now, therefore, I, the said A.B., do hereby require you to admit the said [name 
 the local authority], [or the officer of the said (local authority)], for the purpose of 
 inspecting the said premises. 
 
 Dated this day of 18 . 
 
 A.B. 
 
 Form (B.) 
 
 Notice of Nuisance. 
 
 To the local authority {describing it). 
 
 I [or we], the person aggrieved by the nuisance herein-after described [or the 
 undersigned and described inhabitant householders, sanitary inspector, or other 
 o^cer {describing him)], do hereby give you notice, that there exists in or upon the 
 [dwelhng house, yard, etc., as the case may be], situate at 
 
 [giving such description as may be sufficient to identify the premises], in the parish 
 of in your district, under the ^^uisances Removal Act, 1855, 
 
 the following nuisance, videlicet [d( scribing tlie nuisance, as the case may be; for 
 instance, a. dwelling house or building a nuisance or injurious to health for want of 
 a privy or drain or sufficient mean-* of ventilation, or so dilapidated or so filthy as 
 to be a nui-ance or injurious to health, or, for further instance, a ditch or drain so 
 foul as to be a nuisance or injurious to health, or an accumulation of
 
 APPENDIX. 37i 
 
 a nuisance or injurious to health, <f;c., or swine so l<;ept as to be a nuisance or injurious 
 to health] ; and that such nuisance is caused by [naminr/ the person by whose act 
 or default the nuisance is caused, or by some person unknown]. 
 
 Dated this day of in the year of 
 
 our Lord one thousand eight hundred and 
 
 [Signed by complainant under Section 10.] 
 
 Form (C.) 
 
 Notice to Owner or Occupier of Entry for Examination. 
 
 To the owner [or occupier, as the case may 6c,] of [rfesmJe the premises'] situate 
 
 at [insert a description sufficient to identify the premises]. 
 Take notice, That, under the Nuisances Removal Act for England, 1855, the 
 [local authority, naming it,]\n whose district under the said Act the above premises 
 are situate, have received a notice from [name complainant], stating that in or 
 upon the said premises [insert the cause of nuisance as set forth in the notice]. 
 
 And further take notice, Tl.at after the expinition of tv\eiity-four hours from the 
 service of this notice the [local authority] will cauNe the said premises to be entered 
 and examined under the provisions of the said Act. ard if thee, luss of nuisance aforesaid 
 be found still existing, or, though removed or discontinued, be likely to be repeated, 
 a summons will be issued requiring your attendance to answer a complaint which 
 will be made to the justices for enforcing the removal of the same, and prohibiting 
 a repetition thereof, and for recovering the costs and penalties that may be incurred 
 thereby. 
 
 Dated this day of in the year of our 
 
 Lord one thousand eight hundred and 
 
 A.B., 
 the officer appointed by the [local 
 authority] to take proceedings 
 under the Nuisances Removal 
 Act for England, 1855. 
 
 Form (D.) 
 
 Suminons. 
 
 To the owner or occupier of [describe premises] situate at [insert such a descrip- 
 tion as may be suficient to identify the premises], or to A.B. of 
 
 County of \ You are required to appear before two of Her Majesty's 
 
 [or borough of justices of the peace [or one of the magistrates of the 
 
 ftp. or district of V police curts of the metropolis, or the stipendiary ma- 
 
 or as the case may be] gistrate] of the county [or other jurisdiction] of 
 
 to wit. / at the petty sessions [or court] holden at 
 
 on the day of next, at the hour of 
 
 in the noon, to answer the complaint this day made to me by 
 
 [or by on behalf of] [naming the local authority, as the 
 
 case may be], that in or upon the premises above mentioned [or in or upon certain 
 premises situate at No. in the street in the parish of 
 
 or such other description or reference as may be sufficient 
 to identify the premises], in their district, under the Nuisances Removal Act for Eng- 
 land, 1855, the following nuisance exists [describing it, as the case maybe], and that 
 the said nuisance is caused by the act or default of the occupier [or owner] of the 
 said premises, o?'by you A.B. [or in case the nuisance be discontinued, but likely to 
 be repeated, say], there existed recently, to wit, on or about the 
 day of on the premises, the following nuisance [describe the 
 
 nuisance], and tha^t the said nuisance was caused [etc.], and although the same has 
 since the said last-mentioned day been removed or discontinued there is reasonable 
 
 B B 2
 
 372 APPENDIX. 
 
 ground to consider that the same or the like nuisance is likely to recur on the 
 said premises]. ... - 
 
 Given under the hand of me, J.P., Esquire, one of Her Majesty s justices of 
 the peace acting in and for the [jurisdiction] stated in the margin, or one 
 of the magistrates of the police courts of the metropolis, or stipendiary 
 magistrate'of day of in the year of our 
 
 Lord one thousand eight hundred and 
 
 Form (E.) 
 
 Order of Justices for Removal of Nuisances by Owner, d:c. 
 
 To the owner [or occupier] of [describe the premises'] situate [give such description 
 as may be sufficient to identify the premises], or to A.B. of 
 or to [giving name of the local authority], or to their servants or agents, and 
 to all whom it may concern. 
 County of N Whereas on the day of com- 
 
 [or borough, <tc. of plaint was made before Esquire, 
 
 or I one of Her Majesty's justices of the peace acting in and 
 district of | for the county [or other jurisdiction] stated in the margin, 
 
 or as the case may [or before the undersigned, one of the magistrates of the 
 
 lg-\ I police courts of t!ie metropolis, or as the case may be] by 
 
 r-Q,.' by on behalf of] [the local authority, naming it, as the case 
 
 may be], that in or upon certain premises situate at in the 
 
 district under the Nuisances Kemoval Act for England, 1855, of the complainants 
 above named, the following nuisance tlien existed [describing it] ; and that tiie 
 said nuisance was caused by the act or default of the owner [or occupier] of the said 
 premises [or was caused hy A.B.] {If the nuisance have been removed, say, the fol- 
 lowing nuisance existed on or about [the day the nuisance was ascertained to exist], 
 and that the said nuisance was caused, ttc, and although the same is now removed, 
 the same or the like nuisance is likely to recur on the same premises.) 
 
 And whereas the owner [or occupier] witliin the meaning of 
 
 the said Nuisances Kemoval Act, 1855, [or the said A.B.,] hath this day appeared 
 before us justices, being two of Her Majesty's justices in and for _ , 
 
 silting in petty sessions at their usual place of meeting [or before me, the said 
 magistrate of the police courts of the metropolis, or as the case may be], to answer 
 the" matter of the said complaint [Or in case the party charged do not appear, say. 
 And whereas it hath been this day proved to our [or my] satisfaction that a true copy 
 of H summons requiring the owner [or occupier] of the said premises [or the said 
 A.B.]\.o appear this day before us [or me] hath been duly 
 
 served according to the said Act:] 
 
 Now upon proof here had before us [or me] that the nuisance so complained of 
 doth exist on the said premises, and that the same is caused by the act or default of 
 the owner [or occupier] of the said premises [or by the said A .B.], we [or I], in pur- 
 suance of the said Act, do order the said owner [or occupier, or A.B.] within [specify 
 the time] from the service of this order or a true copy thereof according to the said 
 Act [here specify the works to be done, as, for instance, to cleanse, whitewash, purify, 
 and disinfect the said dwelling house ; or, for further instance, to construct a privy 
 or drain, dec. ; or, for further instance, to cleanse or to cover or to fill up the said 
 cesspool', <fcc.], 80 that the same shall no longer be a nuisance or injurious to health 
 as aforesaid. 
 
 [And if it appear to the justices that the nuisance is likely to recur on the premises 
 say [And we] [or I] being satisfied that, notwithstanding the said cause or causes 
 of nuisances may be removed under this order, the same is or are likely to recur, 
 do therefore prohibit the said owner [or occupier, or A.B.] from [here insert the 
 matter of the prohibition, as, for instance, from using the said house or building for 
 human habitation until the same, in our judgment, is rendered fit for that 
 
 purpose ] . 
 
 And if the above order for abatement be not compHed witn [or if the above
 
 APPENDIX. 37 o 
 
 order of prohibition be infringed], then we [or I] do authorize and require you the 
 said [local authority, naming tV], from time to time to enter upon the said premises, 
 and to do all such works, matters, and things as may be necessary for carrying 
 this order into full execution according to tlie Act aforesaid. 
 
 In case the nuisance were removed befure complaint, say, [Now, upon proof 
 here had before us that at or recently before the time of making the said complaint, 
 to wit, on as aforesaid, the cause of nuisance complained of 
 
 did exist on the said premises, but that the same hath since been removed, yet, 
 notwithstanding such removal, we [or I] being satisfied that it is likely that the 
 same or the like nuisance will recur on the said premises, do hereby prohibit [order 
 of [)roh ibition] ; and if this order of prohibition be infringed, then we [or I] order 
 on local authority to do works]. 
 
 Given under the hands and seals of us, two of Her Majesty's justices of the 
 peace in and for [or the hand and seal of me, one of the 
 
 magistrates of the police courts of the metropolis, or as the case may 
 be], this day of 
 
 in the year of our Lord one thousand eight hundred and 
 
 FOBM (F.) 
 
 Order of Justices for Removal of Xuisance by Local Authority. 
 To the town council, Ac, as the case may be. 
 
 County, d-c. \ Whereas [recite complaint of nuisance as in last form]. 
 to wit. ) 
 
 And whereas it hath been now proved to our [or my] satisfaction that such 
 nuisance exists, but that no owner or occupier of the premises, or person causing 
 the nuisance, is known or can be found [as the case may be] : Now we [or I], in 
 pursuance of the said Act, do order the said [local authority, naming it,] forthwith 
 to [here specify the works to be done]. 
 Given, <fcc. 
 
 Form (G.) 
 
 Ch'der to permit Execution of Works by Oioners. 
 
 CoXinty of \ Whereas complaint hath been made to me, E.F., Esquire, 
 
 [or borough of one of Her Majesty's justices of the peace in and for 
 
 or metropolitan police >• the county [or borough, etc.] of [or 
 
 district, or as the case I one of the magistrates of the police courts of the 
 may 6e,] to wit. j metropolis, or as the case may be, or one of Her 
 
 Majesty's justices of the peace, as the case maybe, of the county of ], 
 
 by A.B., owner within the meaning of the "Nuisances Removal Act for England, 
 1855," of certain premi.ses, to wit, a dwelling house [or building, or as the case 
 may be], situate at [insert such a description of the premises as may be sufficient to 
 identify them], in the parish of in the said county \or borough, tkc], 
 
 that CD., the occupier of the said premises, doth prevent the said A.B.iioxa. 
 obeying and carrying into effect the provisions of the said Act, in this, to wit, that 
 he the said CD. [here describe the act of prevention generally according to the 
 circumstances; for instance thus, doth refuse to quit the said house, the same 
 having by the oi-der of justices been declared unfit for human habitation, or doth 
 prevent the said A.B. from cleansing or whitewashing or purifying the said dwelling 
 house, or erecting a privy or drain, or breaking an aperture for ventilation, or 
 cleansing a drain, ditch, gutter, watercourse, privy, urinal, cesspool, or ashpit 
 which is a nuisance or injurious to health]: And whereas the said CD. has 
 been summoned to answer the said complaint, and has not shown sufficient 
 cause against the same, and it appears to me that [describe the act or icorks to 
 be done] is necessary for the purpose of enabling the said A.B. to obey and
 
 374 APPF.NDIX. 
 
 carry into effect the provisions of the said Act, 1 do hereby order tliat the Baid 
 CD. do permit the said A.B. [describe the act or works to he done'\ in the 
 manner required by the said Act. 
 
 Given under my hand and seal this day of 
 
 in the year of our Lord one thousand eight hundred and 
 
 E.F. (L.s.) 
 
 Form (H.) 
 Summons for Nonpayment of Costs, Expenses, or Penalties. Sec. 20. 
 To [describe 
 
 the person from whom the costs, expenses, and penalties are due]. 
 County of , You are required to appear before two of Her Majesty's 
 
 or borough of f justices of the peace [or one of the magistrates of the 
 
 or district of ( police courts of the metropolis, or the stipendiary 
 
 to wit. ' magistrates] of the county [or other jurisdiction] of 
 
 at the petty sessions [or court] holden at on the 
 
 day of next, at the hour of in the 
 
 noon, to answer the complaint this day made to me by 
 [or by on behalf of] [naming the local authority], 
 
 that the sum of pounds, being costs and expenses incurred 
 
 by you under and in relation to a certain complaint touching [describe the nuisance], 
 and an oider of [describe the person making the order] duly made in pursuance of 
 the Nuisances Removal Act for England, 1855 [if penalties are due, add, and also 
 the sum of being the amount of penalties payable by you for dis- 
 
 obedience of the said order], remains unpaid and due from you. 
 
 Given under the iiand of me, J. P., Esquire, one of Her Majesty's justices of the 
 peace acting in and for the [jurisdiction stated in the margin] lor one of the 
 magistrates of the police courts of the metropolis, or stipendiary magistrate 
 of ] the day of in the year of our Lord 
 
 one thousand eight hundred and 
 
 Form (I.) 
 
 Order for Payment of Costs, Expenses, and Penalties. Sec. 20. 
 
 To [name the person on whom the order is made]. 
 
 County. <frc., } Whereas complaint has been made before us [or me] for that 
 
 to wit. \ [recite cause of complaint]. 
 
 And whereas the said [naming the person against whom the complaint is made] 
 has this (lay appeared before us the said justices [or before me the said magistrate 
 of the police courts of the metrojiolis, or as the case may be], to answer this matter 
 of the said complaint : [Or, in case the party chctrged do not appear, say]. 
 
 And whereas it has been this day satisfactorily proved to us [or me] that a true 
 copy of the summons requiring the said [naming person charged] to appear before 
 us [or me] this day hath been <iuly served acconiiiig to the said Act : Now, having 
 heard the matter of the said complaint, we [or I] do adjudge the said [naming the 
 person charged] to pay forthwith [or by instalments of payable 
 
 resjiectivfely on or before the ] to the said [naming the person or 
 
 local authority to whom the coits adjudged are payable], the sum (jf for 
 
 costs in this behalf, and to [naming the person or authority to whom the expenses are 
 payable], the sum of for expenses in this behalf, [if penalties are due, 
 
 add, and the sum of for penalties incurred in re'ation to the pre- 
 
 mises,] t(jgether with the sum of being the charges attending the 
 
 application for this order and proceedings thereon ; and if the said several sums, 
 amounting; in the whole to [or if any one of the said instalments] be 
 
 not paid within fourteen days after the same is due as aforesaid, we [or I] hereby 
 order that the same be levied by distress and sale of the goods and chattels of the 
 said and in default of sufficient distress in that behalf adjudge the 
 
 Baid to be imprisoned in the common gaol [or House of Correction, a^ 
 
 the case may he,] at in the said county [or as the case may be] for the space 
 
 of such time, not exceeding three calendar months, as the justices may think fit,
 
 APPENDIX. 
 
 375 
 
 unless tlie aaid several sums [or sum] and all costs and charges of the said distress 
 [and of the coininitment and carrying of tlie said to the said House of 
 
 Correction or common gaol, or as the case may be,] shall be sooner paid. 
 
 Given under our [or my] hands, this day of in the year of 
 
 our Lord one thousand eight hundred and at 
 
 in the [county, or as the case may be,] aforesaid. 
 
 Form (K.) 
 
 Wai'rant of Distress. Sec. 20. 
 
 To the constable of and to all other peace officers in the said 
 
 county [or as the case may]. 
 Whereas on last past complaint was made before the undersigned, 
 
 two of Her Majesty's justices of the peace in and for the said county of [or as the 
 case may be] [or a magistrate of the police courts of the metropolis or stipendiary 
 magistrate, as the case may be] for that [Jbc. as in the order] ; and thereupon having 
 considered the matter of the said complaint, we [or I] adjudged the said 
 [set out from Form K. the adjudication of payment , and the order for distress and for 
 imprisonment in default of distress] : And whereas the time in and by the said order 
 appointed for the paymeni of the said several sums of and 
 
 hath elapsed, but the siid hath not paid the same or any part 
 
 thereof within fourteen days after the date fixed by the order for such payment, 
 but therein hath made default : Tht-se are therefore to command you in Her 
 Majesty's name forthwith to make distress of the goods and chattels of the said A.B., 
 and if within the space of days after the making of such distress the 
 
 said last-mentioned sums, together with the reasonable charges of taking and 
 keeping the said distress, shall not be paid, that then you do sell the said goods and 
 chattels so by you distrained, and do p.ay the money arising from such sale over to 
 the clerk of the justices of the peace for the division of in the said 
 
 [county, or as the case may be], that he may pay and apply the same as by law 
 directed, and may render the overplus, if any, on demand, to the said ; 
 
 and if no such distres-i can be found, then that you certify the same unto me, to 
 the end that such proceedings may be had therein as to the law doth appertain. 
 
 Given under our [or my] liands and seal, this 
 
 in the year of our Lord one thousand eight liundred and 
 iu the [county] aforesaid. 
 
 (L.S.) 
 
 day of 
 
 at 
 
 A.B. 
 CD. 
 
 Form (L.) 
 
 Return of Proceedings xmder Nuisances Removal Act, 1855, by the [name 
 the local authority at length]. 
 
 From, 25th March 1855 to 25th March 1856. 
 
 Date 
 of Notice. 
 
 16 April - 
 
 18 Aiiril 
 
 By whom 
 given. 
 
 The Inspector 
 
 Two Neighbours 
 
 Nature of 
 Nuisance. 
 
 Foul Drainage 
 from House. 
 
 Offensive 
 Cesspool. 
 
 Proceeding's taken. 
 
 Owner put down 
 good Drain, on 
 Summons, with- 
 out Justices' 
 Order. 
 
 Abated by Local 
 Authority. 
 
 Remarks :— With any special 
 Work done under the Acta 
 without auy Notice. 
 
 Several Houses being in a 
 like Position, the Highway 
 Surveyor laid down a Sewer 
 in the'oUl Watercourse, and 
 each House was cliHrged a 
 proportion ito Sura for the 
 same, of which the highest 
 Sum was lOn. 
 
 Renewed once; but Penixlty 
 recovered, and no subse- 
 quent Renewal attempted. 
 
 Dated this 26th day of March, 1856. [To be signed by the chairman of the 
 local authority.]
 
 376 APPENDIX. 
 
 ANNO VICESIMO TERTIO & VICESIMO QUARTO 
 VICTORIA REGINiE. 
 
 CAP. LXXVII. 
 
 An Act to amend the Acts for the Removal of Nuisances and the 
 Prevention of Diseases. [6th Attgust I860.] 
 
 18 <fc 19 Vict. cc. 121. and 116. 
 
 WHEREAS the provisions of" The Nuisances Removal Act for England, 1855," 
 and "The Diseases Prevention Act, 1855," concerning the local authority 
 for the execution of the said Acts, are defective, and it is expedient that the said 
 Acts should he amended as herein-after mentioned : Be it enacted by the Queen's 
 most excellent Majesty, by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 Ndisances Removal. 
 
 Sections 3, 6, 7, and 9 o/ 18 tfc 19 Vict. c. 121. repealed. 
 
 I. Section three, section six, section seven, and section nine of the said 
 "Nuisances Removal Act tor England, 1855," shall be repealed: Provided always, 
 that such repeal as aforesaid shall not extend to any charges or expenses already 
 incurred, but the san)e may be defrayed and recovered, and all proceedings com- 
 menced or taken under the said Act, and not yet completed, may be proceeded 
 with, and all contracts under the said Act shall continue and be as effectual, as if 
 this Act had not been passed. 
 
 Local Authority to execute the Nuisances Removal Act. 
 
 II. The following bodies shall respectively be the local authority to execute the 
 said Nuisances Removal Act in the districts hereunder stated in England: 
 
 In any place within which the Public Health Act is or shall be in force, the 
 local board of health : 
 
 In any other place wherein a council exists or shall exist, the mayor, aldermen, 
 and burgesses by the council, except in the city of London and the liberties 
 thereof, where the local authority shall be the commissioners of sewers for 
 the time being, and except in the city of Ojcford and borough of Cambridge, 
 where the local authority shall be the commissioners acting in execution of 
 the local Improvement Acts in force respectively in the said city and 
 borouLjh : 
 
 In any place in which there is no local board of health or council, and where 
 there are or shall be trustees or commissioners undei an Improvement Act, 
 such trustees or commissioners : 
 
 In any place within which there is no such local board of health, council, body 
 of trustees, or commissioners, if there be a board of guardians of the poor 
 for such place, or for any parish (ir union within which such place is situate, 
 such board of guardians, and, if there be no such board of guardians, the 
 overseers of the poor for such place, or for the parish of which such place 
 forms part. 
 
 Ei'jhway Board or Nuisances Removal Committees now subsisting may be continued 
 so long as they employ Sanitary Inspectors. 
 
 III. Provided, That in any place where a highway board or " the nuisances 
 removal committee" chosen by tlje vestry in pursuance of the said Act is sub- 
 sisting, and at the time of the jjassing of this Act employs or joins with other local 
 authorities in employing a sanitary inspector or inspectors, such highway board or 
 nuisances removal committee may continue to act, and a like conmiittee may be 
 annually chosen by the vestry for such place in the same manner as if this Act had
 
 APPENDIX. 377 
 
 not been passed ; but in case in any year the nuisances removal committee be 
 not chosen for such place in manner provided by the said Act, or if the highway 
 board or committee now subsisting or hereafter chosen fail for two months in any 
 year to appoint or employ a sanitary inspector or inspectors, the authority of sucli 
 highway board or committee shall cease, and no like committee shall be chosen 
 for sucli place, and the same body or persons shall thenceforth be the local authority 
 for the place as if no such highway board or committee had been appointed 
 therein. 
 
 How Expenses of Local A uthority to be defrayed. 
 
 IV. All charges and expenses incurred by the local authority in executing the 
 Baid Nuisances Removal Act, and not recovered as therein provided, shall be 
 defrayed as follows ; to wit, 
 
 Out of general district rates where the local authority is a local board of 
 
 health : 
 Out of the borough fund or borough rate where the local authority is the mayor, 
 
 aldermen, and burgesses by the council : 
 Provided always, that in the city of Oxford and borough of Cambridge such 
 expenses shall be deemed annual charges and expenses of cleansing the streets of 
 the said city and borough respectively, and shall be so payable : 
 
 Out of the rates levied for purposes of improvement under any Improvement 
 Act, where the local authority is a body of trustees or commissioners acting 
 in execution of the [)ower8 of such an Act. 
 Where a board of guardians for a union is such local authority for the whole of 
 such union, such charges and expenses shall be defrayed by means of an 
 addition to be made to the rate for the relief of the poor of the parish or 
 parishes for which the expense has been incurred, and be raised and paid 
 in like manner, as money expended for the relief of the poor : 
 Where the board of guardians for a union is such local authority for two or 
 more places maintaining their own poor, but not for all such places in such 
 union, such charges and expenses shall be paid out of the poor rates of the 
 places aforesaid for which the board is the local authority : 
 Where the board of guardians for a union is under this Act the local authority 
 for a single place maintaining its own poor, and where the board of guardians 
 for any such single place or the overseers of any such place, or "the 
 nuisances removal committee," continued or chosen as herein-before pro- 
 vided in any such place, are under this Act the local authority for such 
 place, such charges and expenses shall be defrayed out of the rates for the 
 relief of the poor thereof : 
 Where the board of guardians for a union is under this Act the local authority 
 for part only of any place maintaining its own poor, together with the whole 
 of any other such place or part of any other such place such board shall 
 apportion such charges and expenses between or among any or every such 
 part and any or every such place ; and so much of such charges and 
 expenses as may be apportioned to any or every such place for the whole of 
 which such board is the local authority shall be defrayed out of the rates 
 or funds applicable to the relief of the poor thereof: 
 So much of any such charges and expenses as may be apportioned to part of a 
 place maintaining its own poor, and any such charges and expenses incurred by 
 any board of guardians or overseers, where such board or overseers are the local 
 authority for part of any such place oidy, shall be defrayed by means of an addi- 
 tion to be made to the rate for the relief of the poor thereof, and be raised and 
 paid in like manner as money expended for the relief of the poor. 
 
 Board of Guardians may appoint Committees for particular Parishes. 
 
 V. Provided, That the boaid of guardians for a union may appoint a committee 
 or comniitttes of their own body, under section five of the said >iuisances Removal 
 Act, to act in and for one or more of the parishes or places for which the board 
 is the local authority ; and every coumiittee so appointed shall have the full power
 
 378 APPENDIX. 
 
 of executing the said Act in all respects, within the specified place or places for 
 which it is appointed, unless its power be expressly limited by the terms of its 
 appointment ; and the board of guardians shall cause the charges and expenses 
 of every such committee to be paid out of the poor rates of the place or 
 places for which such committee is appointed ; and where a committee is so 
 appointed for any such place or places the charges and expenses of the board 
 as local authority for or in respect of the place or places for v?hich a committee is 
 not appointed shall be paid or contributed by such last-mentioned place or places 
 in like manner as the expenses of a committee : Provided that where any one such 
 committee is appointed for all the places for which the board is the local authority 
 its charges and expenses shall be contributed and paid in like manner as the charges 
 and expenses of the board would have been contributed and paid if such committee 
 had not been appointed. 
 
 Saving for the Vestries and District Boards of the Metropolis. 
 
 VI. Provided also, Tliat as regards the metropolis, the vestries and district 
 boards under the Act of the Session holden in the eighteenth and nineteenth years 
 of Her Majesty, chapter one hundred and twenty, within their respective parishes 
 and districts, shall continue and be the local authorities for the execution of the said 
 Nuisances Removal Act, and their charges and expenses shall be defrayed as if 
 this Act had not been passed. 
 
 Wells, &c. belonging to any Place vested in Local Authority, die. 
 
 VI I. All wells, fountains, and pumps provided under section fifty of the 
 Public Health Act, 1848, or otherwise, for the use of the inhabitants of any place 
 and not being the property of or vested in any person or corporation other than 
 officers of such place, shall be vested in the local authority under this Act for such 
 place, who shall from time to time cause to be kept in good repair and condition and 
 free from pollution all wells, fountains, and pumps vested in them under this Act, 
 and may also keep in good repair and condition and free from pollution other wells, 
 fountains, and pumps dedicated to or open to the use of the inhabitants of such 
 place. 
 
 Penalty for folding Water. 
 
 VIII. If any person do any act whatsoever whereby any fountain or pump is 
 wilfully or maliciously damayed, or tlie water of any well, fountain, or pump ia 
 polluted or fouled, he shall, upon summary conviction of such offence before two 
 justices, forfeit a sum not exceeding five pounds for such offence, and a further sum 
 not exceeding twenty shillings for every day during which sjch offence is continued 
 after written notice from the local authority in relation thereto ; but nothing herein 
 contained shall extend to any offence provided against by section twenty-three of 
 the said Nuisances Removal Act. 
 
 Appointment of Inspectors of Nuisances. 
 
 IX. Local authorities under this Act may, for the purposes of the Act, seve- 
 rally appoint or employ inspectors of nuisances, and make such payments as they 
 see fit for the remuneration and expenses of such inspectors. 
 
 Diseases Prevention. 
 Sections 2 ayid 3 of 18 d- 19 Vict. c. 116. repealed. 
 
 X. Sections two and three of the Diseases Prevention Act, 18.o5, and every 
 other enactment constituting a local authotity for the execution of the same Act, 
 or providing for the expenses of the execution thereof, except those contained in 
 the eighteenth and nineteenth of Victoria, chapter one hundred and twenty, the 
 Metropolis Local Management Act, shall be repealed. 
 
 Guardians and Ovei seers of the Poor to he the Local Authorities for executing 
 Diseases Prevention Act. 
 
 XI. The board of guardians for every union, or parish not within an union, in 
 England shall be the local authority for executing the said Diseases Prevention Act
 
 APPENDIX. •j79 
 
 in every place within their respective unions and parishes, and in every parish and 
 place in Etu/laiid not witliin a union, and for which there is no board of guardianw, 
 the overseers of the poor shall be the local authoiity to execute tlie same Act ; and 
 the expenses incurred in the execution of such Act hy tlje board of guardians for a 
 union shall be defrayed out of the common fund theieof, and the expenses of the 
 board of guardians or overseers of the pnor of any single pariah or place shall be 
 defrayed out of the rates for the relief of the poor of such parish or place ; provided 
 that every such board of guardians shall, for the execution of the said Act for the 
 Prevention of Diseases, have the like powersof appointing committees, with the like 
 authoritv, and where any such committee is appointed the expenses thereof ami of 
 the board shall be paid in the same manner, as herein-before provided where such 
 a board is the local authority for the execution of the said Nuisances Removal Act; 
 provided also, that any expenses already incurred by any local authority in the 
 execution of the said Act shall be defrayed as if this Act had not been passed ; 
 provided, moreover, that in respect of any place where, under this Act, the local 
 authority for executing the Nuisances Kemoval Act is any other body th;in the 
 board of guardians or the overseers of the poor, the Privy Council, if it see fit, 
 may, in the manner provided for the exercise of its powers under the Public 
 Health Act, 1858, authorize such other body to be, instead of the board of guardians 
 or the overseers of the poor, the local authority for executing the Diseases Prevention 
 Act ; provided also, that as regards the metropolis the vestries and district boards 
 under the Act of the Session holden in the eigliteenth and iiineteentli years of Her 
 Majesty, chapter one hundred and twenty, within their respective parishes and 
 districts, shall continue to be the loc il authorities for ihe execution of the said 
 Diseases Prevention Act, 1855, and their charges and expenses shall be defrayed as 
 if this Act had not been passed. 
 
 Local Authorities may provide Carriages for Conveyance of infected Persons. 
 
 XII. It shall be lawful for the local authority for executing the said Diseases 
 Prevention Act to provide and maintain a carriage or carriages suitable for the 
 conveyance of persons suffering under any contagious or infectious disease, and to 
 convey such sick and diseased |)ersons as may be residing within such locality to 
 any hospital or other place of destination, and the expense thereof shall be deemed 
 to be an expense incurred in executing the said Act. 
 
 Justices, on the Application of Householders, may order the Removal of Nuisances. 
 
 XIII. Upon complaint before a justice of the peace by any inhabitant of any 
 parish or place of the existence of any nuisance on any priv.ate premises in the 
 same parish or place, such justice shall issue a summons requiring the person by 
 ■whose act, default, permission, or sufferance the nuisance arises, or if such person 
 cannot be found or ascertaineil, the owner or occupier of the premises on which the 
 nuisance arises, to appear before two justices in petty sessions assembled at their 
 usual place of meeting, who shall proceed to inquire into the said complaint, and 
 act in relation thereto as in cases where complaint is made by a local authority 
 under section twelve of the said Nuisances Removal Act, and as if the person 
 making the complaint were such local authority : Provided always, that it shall be 
 lawful for the said justices, if they see fit, to ailjourn the hearing or further hearing 
 of such summons for an examination of the i)remises where the nuisance is allt-ged 
 to exist, and to require the admission or authorize the entry into such premises of 
 any constalde or other person or persons, and thereupon the person or persons 
 auihorized by the order of the justices may enter and act as the local auihority 
 might under a like order n\a<le by any justice under section eleven of the said Act : 
 Provided also, that the costs in the case of every such application shall be in the dis- 
 cretion of the justices, aiid payment thereof may be ordered and enforced as in other 
 cases of summary adjudication by justices: Any order made by justices under this 
 enactment shall be attended with the like penalties and consequences for disobe- 
 dience thereof and subject to the like appeal as any order made under section twelve 
 of the said Nuisances Kemoval Act, and the justices making such order may t.-ereby
 
 o80 APPENDIX. 
 
 authorize any constable or other person or persons to do all acts for removing or 
 abating the nuisance condemned or prohibited, and for executing such order, in like 
 manner as a local authority obtaining the like order might do under the said Act, 
 and to charge the costs to the person on whom the order is made, as is provided iu 
 the case where a like order is obtained and executed by such local authority. 
 
 Guardians may procure sanitary Reports and pay for the same. 
 
 XIV. The guardians of any union, or parish not within a union, may at 
 any time employ one of their medical ofKcers to make inquiry and report upon 
 the sanitary state of their union or parish, or any part thereof, and pay a reason- 
 able compensation for the same out of their common fund. 
 
 Interpretation of Terms. 
 
 XV. The several words used in this Act shall be construed in the same manner 
 as is declared with reference to the same words in the above-cited Act, termed 
 " The Nuisances Removal Act for England, 1855," and all the provisions therein, 
 and in "The Diseases Prevention Act, 1855," contained, shall respectively be 
 applicable to this Act, except so far as they shall be hereby repealed, or be incon- 
 Bistent with anything herein provided. 
 
 Justices not incapable of acting by being Members of Bodies to execute 
 Nuisances Removal A ct. 
 
 XVI. No justice of the peace shall, unless objected to at the hearing of any 
 complaint or charge, be deemed incapable of acting in cases other than appeals 
 arising under the said Nuisances Removal Act by reason of his being a member of 
 any body hereby declared to be the local authority to execute the said Act, or by 
 reason of his being a contributor, or liable to contribute, to any rate or fund out of 
 which it is hereby provided that all charges and expenses incurred in executing the 
 said Act, and not recovered as therein provided, shall be defrayed. 
 
 ANNO VICESIMO NONO & TRICESIMO VICTORIA EEGIN^. 
 
 CAP. XC. 
 
 An Act to amend the Law relating to the PubUc Health. 
 
 [7th August 1866.] 
 
 WHEREAS it is expedient to amend the law relating to public health : Beit 
 enacted by the Queen's most excellent Majesty, by and with the advice and 
 consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- 
 ment assembled, and by the authority of the same, as follows : 
 
 Preliminary. 
 
 Short Title of Act. 
 
 1. This Act may be cited for all purposes as the Sanitary Act, 1866. 
 
 PART I. 
 
 Amendment of the Sewage Utilization Act, 1865. 
 
 Definition of " Stiver Authority ;" •'ZorcZ Lieutenant in Council." 
 
 2. "Sewer authority" in this Act shall have the same meaning as it has in 
 tie Sewage Utilization Act, 1865. 
 
 'J he words " Lord Lieutenant in Council" shall mean in thisAct the Lord Lieu- 
 tei ant or any chief governor or chief governors in Ireland acting by and with the 
 coueeiit cl Her Majesty's Privy Council in Ireland.
 
 APPENDIX. 381 
 
 This Part to he construed with 28 d- 29 Vict. c. 75. 
 
 3. This part of this Act shall be construed as one with the Sewage Utilization 
 Act, 186.5, and the expression "The Sewa^^e Utilization Act, 1865," as used in this 
 or any other Act of Parliament or other document, shall mean the said Sewa^^e 
 Utilization Act, 1865, as amended by this Act. 
 
 Power to Sewer Authority to form Committee of its own Members and others. 
 
 4. Any sewer authority may from time to time, at any meeting specially con- 
 vened for the purpose, form one or more committee or committees consisting wholly 
 of its own members, or partly of its own members and partly of such other persons 
 contributing to the rate or fund out of which the expenses incurred by such 
 authority are paid, and qualified in such other manner as the sewer authority 
 may determine, and may delegate, with or without conditions or restrictions, to 
 any committee so formed, all or any powers of such sewer authority, and may 
 from time to time revoke, add to, or alter any powers so given to a committee. 
 
 A committee may elect a chairman of iis meetings. If no chairman is elected, 
 or if the chairman elected is not present at the time appointed for holding the same, 
 the members present shall choose one of their number to be chairman of such 
 meeting. A committee may meet and adjourn as it thinks proper. The quorum 
 of a committet^ shall consist of such number of members as may be prescribed by 
 the sewer authority that appointed it, or, if no number be prescribed, of three 
 members. Every question at a meeting shall be determined by a majority of 
 votes of the members present, and voting on that question ; and in case of an 
 equal division of votes the chairman shall have a second or casting vote. 
 
 The proceedings of a committee shall not be invalidated by any vacancy or 
 vacancies amongst its members. 
 
 A sewer authority may from time to time add to or diminish the number of the 
 members or otherwise alter the constitution of any committee formed by it, or 
 dissolve any committee. 
 
 A committee of the sewer authority shall be deemed to be the agents of 
 that authority, and the appointment of such committee shall not relieve the 
 sewer authority from any obligation imposed on it by Act of Parliament or 
 otherwise. 
 
 Formation of Special Drainage District. 
 
 5. Where the sewer authority of a district is a vestry, select vestry, or other 
 body of pei-sons acting by virtue of any Act of Parliament, prescription, custom, 
 or otherwise as or instead of a vestry or select vestry, it may, by resolution at any 
 meeling convened for the purpose after twenty-one c'ear days' notice affixed to the 
 places where parochial notices are usually affixed in its district, form any part 
 of such district into a special drainage disti-ict for the purposes of the Sewage 
 Utilization Act, and thereupon such special drainage district shall, for the purposes 
 of the Sewage Utilization Act, 1865, and tiie powers therein conferred, be deemed 
 to be a parish in which a rate is levied for the maintenance of the poor, and of 
 which a vestry is the sewer authority, subject, as respects any meeting of the in- 
 habitants thereof in vestry, to the Act of the fifty-eighth year of the reio-n of Kinc 
 George \^\., chapter sixtj'-nine, and the A(!ts amending the same; and any 
 officer or officers who may from time to lime be appointed by the sewer authority 
 of such special drainage district for the purpose shall have within that district all 
 the powers of levying a rate for the purpose of defraying the expense of carrying 
 the said Sewage Utilization Act into effect that they would have if such district 
 were such parish as aforesaid, and such rate were a rate for the relief of the poor, 
 and they were duly appointed overseers of such parish. 
 
 Appeal against Constitution of Special Drainage District. ' 
 
 6. Where the sewer authority of any place has formed a special drainage dis- 
 trict in pursuance of this Act, if any number of the inhabitants of such place, not 
 being less than twenty, feel aggrieved by the formation of such district, or desire 
 any modification in its boundaries, they may, by petition in writing under their
 
 382 APPENDIX. 
 
 hands, bring their case under the consideration of one of Her Majesty's Principal 
 Secretaries of State, and the said Secretary of State may after due investigation 
 annul the formation of the special drainage district or modify its boundaries as he 
 thinks just. 
 
 Evidence of Formation of Special Drainage District. 
 
 7. A copy of the resolution of a sewer authority forming a special drainage 
 district shall be published by affixing a notice thereof to the church door of the 
 parish in which the district is situate, or of the adjoining parish if there be no 
 church in the said parish, and by advertising notice thereof in some newspaper 
 published or circulating in the county in which such district is situate ; and the 
 production of a newspaper containing such advertisement, or a certificate under 
 the hand of the clerk or other officer performing the duties of clerk for the time 
 being of the sewer authority which passed the resolution forming the district, shall 
 be e'vidence of the formation of such district, and after the expiration of three 
 months from the date of the resolution forming the district such district shall be 
 presumed to have been duly formed, and no objection to the formation thereof shall 
 be entertained in any legal proceedings whatever. 
 
 Power to drain into Sewers of Sewer Authority. 
 
 8. Any owner or occupier of premises within the district of a sewer authority 
 shall lie entitled to cause his drains to empty into the sewers of that authority on 
 condition of his giving such notice as may be required by that authority of his in- 
 tention so to do, and of complying with the regulations of that authority in respect 
 of the mode in which the communications between such drains ;<nd sewers are to be 
 made, and subject to the control of any person who may be appointed by the sewer 
 authority to superintend the making of such communications ; but any person 
 causing any drain to emjity into any sewer of a sewer authority without complying 
 with the provisions of this section shall incur a penalty not exceeding twenty 
 pounds, and it shall be lawful for the sewer authority to close any communication 
 between a drain and sewer made in contravention of this section, and to recover in 
 a summary manner from the person so offending any expenses incurred by them 
 under this section. 
 
 Use of Sewers by Persons beyond District. 
 
 9. Any owner or occupier of premises beyond the limits of the district of a 
 sewer authority may cause any sewer or drain from such premises to communicate 
 with any sewer of the sewer authority upon such terms and conditions as may be 
 agreed upon between such owner or occupier, and such sewer authority, or in case 
 of dispute may, at the option of the owner or occupier, be settled by two justices or 
 by arbitration in manner provided by the Public Health Act, 1848, in respect of 
 matters by that Act authorized or directed to be settled by arbitration. 
 
 As to the Drainage of Houses. 
 
 10. If a dwelling house within the district of a sewer authority is without a 
 drain or without such drain as is sufficient for effectual drainage, the sewer authority 
 may by notice require the owner of such house within a reasonable time therein 
 specified to make a sufficient drain emptying into any sewer which the sewer 
 authority is entitled to use, and with which the owner is entitled to make a com- 
 munication, so that such sewer be not more than one hundred feet from the site of 
 the house of such owner ; but if no such means of drainage are within that dis- 
 tance then emptying into such covered cesspool or other place not being under any 
 house, as the sewer authority directs ; and if the person on whom such notice is 
 served fails to comply with the same, the sewer authority may itself, at the ex- 
 piration of the time specified in the notice, do the work required, and the expenses 
 incurred by it in so doing may be recovered from such owner in a summary 
 manner. 
 
 Supply of Water to District of Sewer Authority. 
 
 11. A sewer authority within its district shall have the same powers in relation 
 to the supply of water that a local board has within its district, and the provisions
 
 APPENDIX. 383 
 
 of the sections herein-after mentioned shall apply accordingly in the same manner 
 as if in such provisions "sewer authority" were substituted for "local board of 
 health" or "local board," and the district in such provisions mentioned were the 
 district, of the sewer authority and not the di.striot of the local board ; that is to 
 say, the sections numbered from seventy-five to eighty, h)oth inclusive, of the 
 Public Health Act, 1848, sections fifty-one, fifty-two, and fifty-three of the Local 
 Government Act, 1858, and section twenty of the Local Government Act, 1858, 
 Amendment Act, 1861. 
 
 The sewer authority may, if it think it expedient so to do, provide a supply of 
 water for the use of the inhabitants of the district by 
 
 (1.) Digsring wells ; 
 
 (2.) Making and maintaining reservoirs ; 
 
 (3.) Doing any other necessary acts ; 
 and they may themselves furnish the same, or contract with any other persons or 
 companies to furnish the same : Provided always, that no land be purchased or 
 taken under this clause except by agreement or in manner provided by the Local 
 Government Act, 1858. 
 
 Expenses of Sewer Authority in supplying Water. 
 
 12. Any expenses incurred by a sewer authority in or about the supply of 
 ■water to its district, and in carrying into effect the provisions herein-before in that 
 behalf mentioned, shall be deemed to be expenses incurred by that authority in 
 carrying into effect the Sewage Utilization Act, 1865, and be payable accordingly. 
 
 Wells, <tc. belonging to any Place vested in Sewer AuthoHty, <fcc. 
 23 cfc 24 Vict. c. 77. s. 7. 
 
 13. All property in wells, fountains, and pumps, and powers in relation thereto, 
 vested in the nuisance authority by the seventh section of the Act passed in the 
 Session of the twenty-third and twenty-fourth years of the leign of Her present 
 Majesty, chapter seventy-seven, shall vest in the sewer authority, where the sewer 
 authority supplies water to its district. 
 
 PART II. 
 
 Amendment of the Nuisances Removal Acts. 
 Definition of "Nuisances liemoval Acts." 
 
 14. The expression " Nuisances Removal Acts" shall mean the Acts passed in 
 the years following of the reign of Her present Majesty, that is to say, the one in 
 the Session of the eighteenth and nineteenth years, chapter one hundred and 
 twenty-one, and the other in the Session of the twenty-third and twenty-fourth 
 years, chapter seventy-seven, as amended by this part of this Act ; and this part 
 of this Act shall be construed as one with the said Acts, and all expenses incurred 
 by a nuisance authority in carrying into effect any of the provisions of this part of 
 this Act shall be deemed to be expenses incurred by it in carrying into effect the 
 Nuisances Removal Acts. 
 
 Definition of " Nuisance Authority." 
 
 15. "'Nuisance authority" shall mean any authority empowered to execute 
 the Nuisances Removal Acts. 
 
 Poicer of Police with respect to Nuisances. 
 
 16. In any place within the jurisdiction of a nuisance authority the chief officer 
 of police within that place, by and under the directions of one of Her Majesty's Prin- 
 cipal Secretaries of State, on its being proved to his satisfaction that the nuisance 
 authority has made default in doing its duty, may institute any proceeding which 
 the nuisance authority of such place might institute with respect to the removal of 
 nuisances : Provided always, that no officer of police shall be at liberty to enter any
 
 384 APPENDIX. 
 
 bouse or part of a house used as the dwelling of any person without such person's 
 consent, or without the warrant of the justice of the peace, for the purpose of carry- 
 ing into effect this Act. 
 
 Sect. 3. o/23 & 24 Vict. c. 77. repealed. 18 <fc 19 Vict. c. 120. 
 
 17. The third section of the said Act of the Session of the twenty-third and 
 twenty-fourth years of the reign of Her present Majesty, chapter seventy-seven, 
 shall be repealed, and all powers vested in any highway board or " nuisance re- 
 moval committee" under the Nuisances Removal Acts shall determine, and all 
 property belonging to them for the purposes of the said Nuisances Removal Acts 
 shall, subject to any debts or liabilities affecting the same, be transferred to or 
 vested in the nuisance authority under the said Acts : Provided always, that this 
 section shall not extend to any vestry or district board, under the Act of the 
 Session of eighteenth and nineteenth years of the reign of Her present Majesty, 
 chapter one hundred and twenty, intituled "An Act for the better Local Manage- 
 ment of the Metropolis," or to any committee appointed by such vestry or district 
 board for the purpose of carrying into effect the Nuisances Removal Acts or any of 
 them. 
 
 Requisition of Ten Inhabitants equivalent to Certificate of Medical Officer. 
 
 18. A requisition in writing under the hands of any ten inhabitants of a place 
 shall for the purposes of the twenty-seventh section of " The Nuisances Removal Act 
 for England, 1855," be deemed to be equivalent to the certificate of the medical 
 officer or medical praclitioners therein mentioned, and the said section shall be 
 enforced accordingly. 
 
 A ddition to Definition of Nuisance. 
 
 19. The word " nuisances" under the Nuisance Removal Acts shall include, 
 
 1. Any house or part of a house so overcrowded as to be dangerous or preju- 
 
 dicial to the health of the inmates : 
 
 2. Any factory, workshop, or workplace not already under the operation of any 
 general Act for the regulation of factories or bakehouses, not kept in a 
 cleanly state, or not ventilated in such a manner as to render harmless as 
 far as practicable any gases, vapours, dust, or other impurities generated in 
 the course of the work carried on therein that are a nuisance or injurious or 
 dangerous to health, or so overcrowded while work is carried on as to be 
 dangerous or prejudicial to the health of those employed therein : 
 
 3. Any fireplace or furnace which does not as far as practicable consume the 
 smoke arising from the combustible used in such fireplace or furaace, and ia 
 used within the district of a nuisance authority for working engines by 
 steam, or in any mill, factory, dyehouse, brewery, bakehouse, or gaswork, 
 or in any manufactory or trade process whatsoever : 
 
 Any chimney (not being the chimney of a private dwelling house) sending forth 
 black smoke in such a quantity as to be a nuisance : 
 
 Provided, first, that in places where at the time of the passing of this Act no 
 enactment is in force compelling fireplaces or furnaces to consume their own 
 smoke, the foregoing enactment as to fireplaces and furnaces consuming 
 their own smoke shall not come into operation until the expiration of one 
 year from the date of the passing of this Act : 
 
 Secondly, that where a person is summoned before the justices in respect of a 
 nuisance arising from a fireplace or furnace which does not consume the 
 smoke arising from the con)bu8tible used in such fireplace or furnace, the 
 justices may hold that no nuisance is created within the meaning of this Act, 
 and dismiss the complaint, if they are satisfied that such fireplace or furnace 
 is constructed in such a manner as to consume as far as practicable, having 
 regard to the nature of the manufacture or trade, all smoke arising there- 
 from, and that such firejilace or furnace has been carefully attended to by 
 the person having the charge thereof.
 
 APPENDIX. 385 
 
 Duties of Nuisance Authorities as to Inspection of Nuisances, d:c. 
 
 20. It shall be the duty of the nuisance authority to make from time to time 
 either by itweif or its officers, inspection of the district, with a view to ascertain 
 what nuisances exist calliiis^ for abatement under the powers of the Nuisance 
 Removal Acts, and to enforce the provisions of the said Acts in order to cause the 
 abatement thereof, also to enforce the provisions of any Act that may be in force 
 within its district requiring tireplaces and furnaces to consume their own smoke; 
 and any justice upon complaint upon oath may make an order to admit tlie nuisance 
 authority or their officers for these purposes, as v\ell as to ground proceedings under 
 the eleventh section of the Nuisances Removal Act, 1855. 
 
 As to Proceedings of Nuisance Authority under Sect. 12. of 18 d- 19 Vict. c. 121. 
 
 21. The nuisance authority or chief officer of police shall, previous to taking 
 proceedings before a justice under the twelfth section of tlie Nuisances Removal 
 Act, 1 855, serve a notice on the person by whose act, default, or sufferance the 
 nuisance arises or continues, or, if such person cannot be found or ascertained, on 
 the owner or occupier of the premises on which the nuisance arises, to abate the 
 same, and for that purpose to execute such works and to do all such things as may- 
 be necessary within a time to be specified in the notice : Provided, 
 
 First, that wliere the nuisance arises from the want or defective construction of 
 any structuial cofivenience, or where lljere is no occupier of the premises 
 notice under this section shall be served on the owner : 
 
 Secondly, that where the person causing the nuisance cannot be found, and it is 
 clear thai the nuisance does not arise or continue by the act, default, or 
 sufferance of the owner or occupier of the premises, then the nuisance 
 authority may itself abate the same without further order, and the cost of 
 so doing shall be part of the costs of executing the Nuisauces Removal Acts, 
 and borne accordingly. 
 
 Power to cause Premises to be cleansed or otherwise disinfected. 
 
 22. If the nuisance authority shall be of opinion, upon the certificate of any 
 legally qualified medical practiuoner, that the cleansing and disinfecting of any 
 house or part thereof, and of any articles therein iiijciy to retain infection, would 
 tend to prevent or check infectious or contagious disease, it shall be the duty of 
 the nuisance authority to give notice in writing requiring the owner or occupier of 
 such house or part thereof to cleanse and disinfect the same as the case may require; 
 and if the person to whom notice is so given fail to comply therewith within the 
 time specified in the notice, he shall be liable to a penalty of not less than one 
 shilling and not exceeding ten shillings for every day during which he continues to 
 make default ; and the nuisance authority siiall cause such house or part thereof 
 to be cleansed and disinfected, and may recover the expenses incurred from the 
 owner or occupier in default in a summary manner ; when the owner or occupier 
 of any such house or part thereof as is referred to in this section is from poverty or 
 otherwise unable, in the opinion of the nuisance authority, effectually to carry out 
 the requirements of this section, such authority may, without enforcing such 
 requirements on such owner or occupier, with his consent, at its own expense, 
 cleanse and disinfect such house or part thereof, and any articles therein likely to 
 retain infection. 
 
 Power to provide Means of Disinfection. 
 
 23. The nuisance authority in each district may provide a proper place, with 
 all necessary apparatus and attendants, for the disinfection of woollen articles, 
 clothing, or bedding which have become infected, and they may cause any articles 
 brought for disinfection to be disinfected free of charge. 
 
 Nuisance Authorities may provide Carriages for Conveyance of infected Persons. 
 
 24. It shall be lawful at all times for the nuisance authority to provide and 
 maintain a carriage or carriages suitable for the conveyance of persons suffering 
 
 C C
 
 386 APPENDIX. 
 
 under any contagious or infectious disease, and to pay the expense of conveying any 
 person therein to a hospital or place for the reception of the sick or to his own 
 home. 
 
 Penalty on Person suffering from infectious Disorder entering public Convey- 
 ance without notifying to Driver that he is so suffering. 
 
 25. If any person suifering from any dangerous infectious disorder shall enter 
 any public conveyance without previouslv notifying to the owner or driver thereof 
 that he is so suffering, he shall on conviction thereof before any justice be liable to 
 a penalty not exceeding five pounds, and shall also be ordered by such justice 
 to pay to such owner and driver all the losses and expenses they may suffer in 
 carrying into effect the provisions of this Act ; and no owner or driver of any 
 public conveyance shall be required to convey any person so suffering until they 
 eliall have been first paid a sum sufficient to cover all such losses and expenses. 
 
 Removal of Persons sick of infectious Disorders, and without proper Lodging, 
 in any District. 
 
 26. Where a hospital or place for the reception of the sick is provided within 
 the district of a nuisance authority, any justice may, with the consent of the super- 
 intending body of such hospital or place, by order on a certificate signed by a 
 legally qualified medical practitioner, direct the removal to such hospital or place 
 for the reception of the sick, at the cost of the nuisance authority, of any person 
 suffering from any dangerous contatiious or infectious disorder, being without 
 proper lodging or accommodation, or lodged in a room occupied by more than one 
 family, or being on board any ship or vessel. 
 
 Places for the Reception of dead Bodies may be provided at the Public Expense. 
 
 27. Any nuisance authority may provide a proper place for the reception of 
 dead bodies, and where any such place has been provided, and any dead body of 
 one who has died of any infectious disease is detained in a room in which persons 
 live or sleep, or any dead body which is in such a state as to endanger the health 
 of the inmates of the same house or room is retained in such house or room, any 
 justice may, on a certificate signed by a legally qualified medical practitioner, 
 order the body to be removed to such proper place of reception at the cost of the 
 nuisance authority, and direct the same to be buried within a time to be limited in 
 such f)rder ; and unless the friends or relations of the deceased undertake to bury 
 the body within the time so limited, and do bury the same, it shall be the duty of 
 the relieving officer to bury such body at the expense of the poor rate, but any 
 expense so incurred may be recovered by the relieving officer in a summary man- 
 ner from any person legally liable to pay the expense of such burial. 
 
 Places for Reception of dead Bodies during Time required for post-mortem 
 Examination may be provided. 
 
 28. Any nuisance authority may provide a proper place (otherwise than at a 
 workhouse or at a mortuary house as lastly herein -before provided for) for the 
 reception of dead bodies for and during the time required to conduct any post- 
 mortem examination ordered by tlie coroner of the district or other constituted 
 authority, and may make such regulations as they may deem fit for the maintenance, 
 support, and management of such place ; and where any such place has been pro- 
 vided, any coroner or other constituted authority may order the removal of the 
 body for carrying out such post-mortem examination and the re-removal of such body, 
 Buch costs of removal and re-removal to be paid in the same manner and out of the 
 same fund as the cost and fees for j^ost -mortem examinations when ordered by the 
 coroner. 
 
 Power to remove to Hospital sick Persons brought by Ships. 
 
 29. Any nuisance authority may, with the sanction of the Privy Council signified 
 in manner provided by the Public Health Act, 1868, lay down rules for the
 
 APPENDIX. 387 
 
 removal to any hospital to which such authority is entitled to remove patients, and 
 for keepinif in such hospital so long as may be necessary any persons brought 
 within iheir district by any ship or boat who are infected with a danj^erous and 
 infectious disorder, and they may by such rules impose any penalty not exceeding 
 five pounds on any person commtting any offence against the same. 
 
 Provision as to District of Nuisance Authority extending to Places where 
 Ships are lying. 
 
 ?0. For the purposes of this Act, any ship, vessel, or boat that is in a place 
 not within the district of a nuisance authority shall be deemed to be within the 
 district of such nuisance authority as may be prescribed by the Privy Council, and 
 until a nuisance authority has been prescribed then of the nuisance authority whose 
 district nearest adjoins the place where sucli ship, vessel, or boat is lying, the dis- 
 tance being measured in a straight line, but nothing in this Act contained shnll 
 enable any nuisance authority to interfere with any ship, vessel, or boat that is not 
 in British waters. 
 
 Power of Entry to Nuisance Authority or their Officer under Sect. 11. of 
 18 d' 19 Vict. c. 121. 
 
 31. The power of entry given to the authorities by the eleventh section of the 
 Nuisances Removal Act, 1855, may be exercised at any hour when the business in 
 respect of which the nuisance arises is in progress or is usually carried on. 
 
 And any justices' order once issued under the said section shall continue in force 
 until the nuisance has been abated, or the work for which the entry was necessary 
 has been done. 
 
 Provision as to Ships within the Jurisdiction of Nuisance A uthority. 
 
 32. Any ship or vessel lying in any river, harbour, or other water shall be 
 subject to the jurisdiction of the nuisance authority of the district within which such 
 river, harbour, or other water is, and be within the provisions of the Nuisances 
 Kenioval Acts, in the same manner as if it were a house within such jurisdiction, and 
 the master or other officer in charge of such ship shall be deemed for the purposes 
 of the Nuisances Kemoval Acts to be the occupier of such ship or vessel ; but this 
 section shall not apply to any ship or vessel belonging to Her Majesty or to any 
 foreign Government. 
 
 Provision for raising Money in divided Parishes. 
 
 33. Where the guardians are the nuisance authority for part of any parish only, 
 and shall require to expend money on account of such part in execution of the 
 provisions of the said Acts, the overseers of the parish sliall, upon receipt of an 
 order from the said guardians, raise the requisite amount from the persons liable to 
 be assessed to the poor rate therein by a rate to be made in like manner as a poor 
 rate, and shall have all the same powers of making and recovering the same, and 
 of paying the expense of collecting the rate when made, and shall account to 
 the auditor of the district for receipt and disbursement of the same, in like 
 manner, and with the same consequences, as in the case of the poor rate made 
 by them. 
 
 Nuisance Authority may require Payment of Costs or Expenses from Owner or 
 Occupier, and Occupier paying to deduct from Rent. 
 
 34. That it shall be lawful for the nuisance authority, at their discretion, to 
 require the payment of any costs or expenses which the owner of any premises may 
 be liable to pay under the said Nuisances Removal Acts or this Act, either from the 
 owner or from any person who then or at any time thereafter occupies such pre- 
 mises, and such owner or occupier shall be liable to pay the .>;ame, and the same 
 shall be recovered in manner authorized by the Nuisance Removal Acts, and the 
 owner shall allow such occupier to deduct the sums of money which he so pays out 
 of the rent from time to time becoming due in respect of the said premises, as if the 
 
 c c :i
 
 888 APPENDIX. 
 
 same had been actually paid to such owner as part of such rent : Provided always, 
 that no such occupier shall be required to pay any further sum than the amount of 
 rent for the time being due from him, or which, after such demand of such costs or 
 expenses from such occupier, and after notice not to pay his landlord any rent 
 without first deducting the amount of such costs or expenses, becomes payable by 
 such occupier, unless he refuse, on application being made to him for that purpose 
 by or on behalf of the nuisance authority, truly to disclose the amount of bis rent 
 and the name and address of the person to whom such rent is payable, but the 
 burden of proof that the sum demanded from any such occupier is greater than the 
 rent due by him at the time of such notice, or which has since accrued, shall lie 
 upon such occupier ; provided also, that nothing herein contained shall be taken to 
 affect any contract made or to be made between any owner or occupier of any 
 house, building, or other property whereof it is or may be agreed that the occupier 
 shall pay or discharge all rates, dues, and sums of money payable in respect of 
 such house, building, or other property, or to affect any contract whatsoever 
 between landlord or tenant. 
 
 PART III. 
 
 Miscellaneous. 
 
 In Cities, Boroughs, or Towns, Secretary of State, on Application of Nuisance 
 Authority, may empower them to make Regulations as to Lodging Houses. 
 
 35. On application to one of Her Majesty's Principal Secretaries of State by the 
 nuisance authority of the city of London, or any district or parish included within 
 the Act for the better local government of the metropolis, or of any municipal 
 borough, or of any place under the Local Government Act, 1858, or any local 
 Improvement Act, or of any city or town containing, according to the census for 
 the time bein" in force, a population of not less than five thousand inhabitants, the 
 Secretary of°State may, as he may think fit, by notice to be published in the 
 London Gazette, declare the following enactment to be in force in the district of 
 such nuis mce authority, and from and after the publication of such notice the 
 nuisance authority shall be empowered to make regulations for the following 
 matters ; that is to say, 
 
 1. For fixing the number of persons who may occupy a house or part of a 
 house which is let in lodgings or occupied by members of more than one 
 family : 
 
 2. For the registration of houses thus let or occupied in lodgings : 
 
 3. For the inspection of such houses, and the keeping the same in a cleanly and 
 wholesome slate : 
 
 4. For enforcing therein the provision of privy accommodation and other appli- 
 ances and means of cleanliness in proportion to the number of lodgings and 
 occu[)ier8, and the cleansing and ventilation of the common passages and 
 staircases : 
 
 5. For the cleansing and lime-whiting at stated times of such premises : 
 
 The nuisance authority may provide for the enforcement of the above regulations 
 by penalties not exceeding forty shillings for any one offence, with an additional 
 penalty not exceeding twenty shillings for every day during which a default in 
 obeying such regulations may continue ; but such regulations shall not be of 
 any validity unless and until they shall have been confirmed by the Secretary of 
 State. 
 
 But this section shall not apply to common lodging houses within the provisions 
 of the Common Lodging Houses Act, 1851, or any Act amending the same. 
 
 Cases in which two Convictions have occurred within Three Months. 
 
 36. Where two convictions against the provisions of any Act relating to the 
 overcrowding of a house, or the occupation of a cellar as a separate dwelling place, 
 shall have ta.ken place within the period of three months, whether the persons so 
 convicted were or were not the same, it shall be lawful for any two justices to
 
 APPENDIX. 389 
 
 direct the closing of such premises for such time as they may deem necessary, and 
 in the case of cellars occupied as aforesaid, to empower the nuisance authority to 
 permanently close the same, in such manner as they may deem fit, at their own 
 cost. 
 
 Povjer to provide Hospitals. 
 
 37. The sewer authority, or in the metropolis the nuisance authority, may 
 provide for the use of the inhai)itants within its district hospitals or temporary 
 places for the reception of the sick. 
 
 Such authority may itself build such hospitals or places of reception, or make 
 contracts for the use of any existing hospital or part of a hospital, or for the tem- 
 porary use of any place for the reception of the sick. 
 
 It may enter into any agreement with any person or body of persons having the 
 management of any hospital for the reception of the sick inhabitants of its district, 
 on payment by the sewer authority of such annual or other sum as may be agreed 
 upon. 
 
 The carrying into effect this section shall in the case of a sewer authority be 
 deemed to be one of the purposes of the said Sewage Utilization Act, 1865, and all 
 the provisions ot' the .Naid Act sliall apply according. 
 
 Two or more authorities having respectively the power to provide separate 
 hospitals may combine in providing a common hospital, and all expenses incurred 
 by such authorities in providing such hospital shall be deemed to be expenses 
 incurred by them respectively in carrying into effect the purposes of this Act. 
 
 Penalty on any Person, with infectious Disorder, exposing himself, or on any 
 Person in charge of such Sufferer causing such Exposure. 
 
 38. Any person suffering from any dangerous infectious disorder who wilfully 
 exposes himself, without proper precaution against spreading the said disorder, in 
 any street, pubHc place, or public conveyance, and any person in charge of one so 
 suffering who so exposes the sufferer, and any owner or driver of a public con- 
 veyance who does not immediately provide for the disinfection of his convey- 
 ance after it has, with the knowledge of such owner or driver, conveyed any 
 such sufferer, and any person who without |>revious disinfection gives, lemJs, sells, 
 transmits, or exposes any bedding, clothing, rags, or other things which have 
 been exposed to infection from such disorders, shall, on conviction of such 
 offence before any justice, be liable to a penalty not exceeding five pounds : 
 Provided that no proceedings under this section shall be taken against persons 
 transmitting with proper precautions any such bedding, clothing, rags, or other 
 things for the purpose of having the same disinfected. 
 
 Penalty on Persons letting Houses in which infected Persons have been lodging. 
 
 39. If any person knowingly lets any house, room, or part of a house in 
 ■which any person suffering from any dangerous infectious disorder has been to 
 any other person without having such house, room, or part of a house, and all 
 articles therein liable to retain infection, disinfected to the satisfaction of a 
 qualified medical practitioner as testified by a certificate given by him, such 
 person shall be liable to a penalty not exceeding twenty pounds. For the purposes 
 of this section the keeper of an inn shall be deemed to let part of a house to any 
 person admitted as a guest into such inn. 
 
 Guardians, A:c. of the Poor to be the Local Authorities for executing Diseases 
 Prevention Act. 
 
 40. Where in any place two or more boards of guardians or local authorities 
 have jurisdiction, the Privy Council may, by any order made under the Diseases 
 Prevention Act, 1855, authorize or require such boards to act together for the pur- 
 poses of that Act, and may prescribe the mode of such joint action and of defraying 
 the costs thereof.
 
 890 APPENDIX. 
 
 Evidence of Family in case of overcrowded Houses, 
 
 41. In any proceedings under the Common Lodging Houses Act, 1851, if the 
 inmates of any house or part of a house allege that they are members of the same 
 family, the burden of proving such allegation shall lie on the persons making it. 
 
 Extension to the whole of England and Ireland of Sect. 67. of 11 di 12 Vi^t. c. 63. 
 
 42. The si.\ty- seventh section of the Public Health Act, 1848, relating to cellar 
 dwellings, shall apply to every place in England and Ireland where such dwellings 
 are not regulated by any other Act of Parliament, and in applying that section to 
 places where it is not in force at the time of the passing of this Act the expression 
 " tliis Act" shall be coiisttued to mean the Sanitary Act, 1866, and not the said 
 Public Health Act, 1848. In construing the said sixty-seventh section as applied 
 by this Act, nuisance authority shall be substituted for the local board. 
 
 Local Board in certain Cases may adopt Baths and Wash-houses Acts. 
 
 43. Local boards acting in execution of the Local Government Act, 1858, may 
 adopt the Act to encourage the establishment of public baths and wash-houses, and 
 any Act amending the same, for districts in which those Acts are not already in 
 force, and when they have adopted the said Acts the}- shall have all the powers, 
 duties, and rights of commissioners under the said Acts ; and all expenses incurred 
 by any lo-'al board in carrying into execution the Acts referred to in this section 
 shall be defrayed out of the general district rates, and all receipts by them under 
 the said Acts shall be carried to the district fund account. 
 
 Power to Burial Boards in certain Cases to transfer their Powers to Local Board. 
 
 44. When the district of a burial board is conterminous with the district of a 
 local board of health, the burial board may, by resolution of the vestry, and by 
 ao^reement of the burial board and local board, transfer to the local board all 
 their estate, property, rights, powers, duties, and liabilities, and from and after 
 such transfer the local board shall have all such estate, property, rights, powers, 
 duties, and liabilities as if the local board had been appointed a burial board by 
 Order in Council under the fourth section of the Act of the Session of the twentieth 
 and twenty-tirst years of the reign of Her present Majesty, chapter eighty-one. 
 
 Penalty for wilful Damage of Worlcs. 
 
 45. If any person wilfully damages any works or property belonging to any 
 local board, sewer authority, or nuisance authority, he shall be liable to a 
 penalty not exceeding five pounds. 
 
 Incorporation of Sanitary Authorities. 
 
 46. The following bodies, that is to say, local boards, sewer authorities, and 
 nuisance authorities, if not already incorporated, shall respectively be bodies 
 corporate designated by such names as they may usually bear or adopt, with power 
 to sue and be sued in such names, and to hold lands fur the purposes of the several 
 Acts conf.rring powem on such bodies respectively in their several characters of 
 local boards, se^er autliorities, or nuisance authorities. 
 
 Extent of A uthority to make Provisional Orders respecting Lands under 
 Sect. 75. of 21 <£• 22 Vict. s. 98. 
 
 47. The authority conferred on one of Her Majesty's Principal Secretaries of 
 State by section seventy-five of the Local Government Act, 1858, to empower by 
 provisional order a local board to put in force, with reference to the land referred 
 to in such order, the powers of the Lands Clauses Consolidation Act, 1845, with 
 respect to the pui-chase and taking of lands otherwise than by agreement, shall 
 extend and apply and shall be deemed to have always extended and applied to
 
 APPENDIX. 391 
 
 every case in which, by the Public Health Act, 1848, and the Local Government 
 Act, 1858, or either of them, or any Act extending or amending thoae Acts, or 
 either of them, a local board are authorized to purchase, provide, use, or take 
 lands or premises for any of the purposes of the said Acts or eitlier of them, or of 
 any such Act as aforesaid ; and sections seventy-three and eighty-four of the 
 Public Health Act, 1848, shall be construed as if the words " by agreement " 
 therein respectively used had been expressly repealed by section seventy-five of the 
 Local Government Act, 1858. 
 
 Appearance of Local Authorities in legal Proceedings. 
 
 48. Any local board, sewer authority, or nuisance authority may appear 
 before any justice or justices, or in any legal |)roceediiig, by its clerk or by any officer 
 or member authorized generally or in respect of any special proceeding by resolution 
 of such board or authority, and such person being so authorized shall be at liljerty 
 to institute and cany on any proceeding which the nuisance authority is 
 authorized to institute and carry on under the Nuisance Removal Acts or this 
 Act. 
 
 Mode of Proceeding ivhere Sewer Authority has made default in providing 
 sufficient Sewirs, <i:c. 
 
 49. Where complaint is made to one of Her Majesty's Principal Secretaries of 
 State that a sewer authority or local board of health has made default in pro- 
 viding its district with sufficient sewers, or in the maintenance of existing sewera, 
 or in providing its district with a supply of water, in cases where danger arises to 
 the health of the inhabitants from the insufficiency or unwholesonieness of the 
 existing supply of water, and a proper supply can be got at a reasonable cost, or 
 that a nuisance authority has made default in enforcing the provisions of the 
 Nuisance Kemoval Acts, or that a local board has made default in enforcing the 
 provisions of the Local Government Act, the said Secretary of State, if satisfied, 
 after due inquiry made by him, that the authority has been guilty of the alleged 
 default, sliall make an order limiting a time for the performance of its duty in the 
 matter of sucli complaint ; and if such duty is not performed by the time limited 
 in the order, the said Secretary of State shall apjioint some person to perform the 
 same, and shall by order direct that the ex])enses of performing the same, together 
 with a reasonable remuneration to the person appointed for superintending such 
 performance, and amounting to a sum spfciiied in the order, together with the 
 costs of tlie proceedings, shall be paid by the authority in default : and any order 
 made for the payment of such costs and expenses may be removed into the Court 
 of Queen's Bench, and be enforced in the same manner as if the same were an 
 order of such court. 
 
 Recovery of certain Expenses of Water Supply. 
 
 50. All expenses incurred by a sewers authority or local board in giving a 
 supply of water to premises under the provisions of the seventy-sixth section of 
 the I'ublic Health Act, 1848, or the fifty- first section of the Local Government Act, 
 1858, and recoverable from the owners of the premises supplied, may be recovered 
 in a summary manner. 
 
 Power to reduce Penalties imposed by 6 G. 4. c. 78. 
 
 51. All penalties imposed by the Act of the sixth year of King George 
 IV., chapter seventy-eiglit, intituled " An Act to repeal the several Laws relating 
 to Quarantine, and to make other Provisions in lieu thereof," may be reduced by the 
 justices or court having jurisdiction in respect of such penalties to such sum as the 
 justices or court think just. 
 
 Description of Vessels within Provisions of 6 G. 4. c. 78. 
 
 52. Every vessel having on board any person aflFected with a dangerous or in- 
 fectious disorder shall be deemed to be within the provisions of the Act of the sixth
 
 392 APPENDIX. 
 
 year of King George IV., cliapter seventy-eight, altliou2;h such vessel has 
 not commenced her voyage, or has come irom or is bound for some place in the 
 United Kingdom ; and the Lords and others of Her Majesty's most honourable 
 Privy Council, or any three or more of them (the Lord President of the Council or 
 one of Her Majesty's Principal Secretaries of State being one), may, by order or 
 orders to be by them from time to time made, make such rules, orders, and regu- 
 lations as to them shall seem fit, and every such order shall be certified under the 
 hand of the clerk in ordinary of Her Majesty's Privy Council, and shall be pub- 
 lished in the London Gazette, and such publication shall be conclusive evidence of 
 such order to all intents and purposes ; and such orders shall be binding and be 
 carried into effect as soon as the same shall have been so published, or at such 
 other time as shall be fixed by such orders, with a view to the treatment of persons 
 aflfected with cholera, and epidemic, endemic, and contagious disease, and prevent- 
 ing the spread of cholera and such other oiseases, as well on the seas, rivers, and 
 waters of the United Kingdom, and on the high seas within three miles of the 
 coasts thereof, as on land ; and to declare and determine by what nuisance authority 
 or authorities such orders, rules, and regulations shall be enforced and executed ; 
 and any expenses incurred by such nuisance authority or authorities shall he deemed 
 to be expenses incurred by it or them in carrying into effect the Nuisances Removal 
 Acts. 
 
 Periodical Rem'oval of Manure in Mews, iL'C. 
 
 53. Where notice has been given by the nuisance authority, or their officer or 
 officers, for the periodical removal of manure or other refuse matter from mews, 
 stables, or other premises (whether such notice shall be by public announcement 
 in the locality or otherwise), and subsequent to such notice the person or persons 
 to whom the manure or other refuse matter belongs shall not so remove the same, 
 or shall permit a further accumulation, and shall not continue such periodical re- 
 moval at such intervals as the nuisance authority, or their officer or officers, shall 
 direct, he or they shall be liable, without further notice, to a penalty of twenty 
 shillings per day for every day during which such manure or other refuse matter 
 shall be permitted to accumulate, such penalty to be recovered in a summary man- 
 ner : Provided alwavs, that this section shall not apply to any place where the 
 board of guardians or overseers of the poor are the nuisance authority. 
 
 Recovery of Penalties. 
 
 54. Penalties under this Act, and expenses directed to be recovered in a sum- 
 mary manner, may be recovered before two justices in manner directed by an Act 
 passed in the Session holden in the eleventh and twelfth years of the reign of Her 
 Majesty Queen Victoria, chapter forty-thiee, intituled "An Act to facilitate the 
 Performance of the Duties of Justices of the Peace out of Sessions within England 
 and Wales with respect to .summary Convictions and Orders," or any Act amending 
 the same. 
 
 Powers of Act cumulative. 
 
 5.5. All powers given by this Act shall be deemed to be in addition to and not 
 in derogation of any other powers conferred on any local authority by Act of 
 Parliament, law, or custom, and such authority may exercise such other powers in 
 the same manner as if this Act had not passed. 
 
 PART IV. 
 
 Application of Act to Ireland. 
 
 Modifications necessary for Application of Part I. to Ireland. 
 
 56. In applying the First Part of this Act to Irelandi\\e following changes shall 
 be observed : 
 
 (1.) The provisions of the sections numbered from seventy- five to eighty, both 
 included, of the Public Health Act, 1848, and sections fifty-one, fifty-two,
 
 APPENDIX. 393 
 
 and fifty- three of the Local Government Act, 1858, and section twenty of 
 the Local Government Act, 1858, Amendment Act, 18t)l, referred to in 
 the First Pan of this Aci, sliall for all purjjoses connected with the execution 
 of this Act be extended to Ireland : 
 (2.) The Sewage Utilization Act, 1865, shall be amended by substituting in 
 
 Ireland the sewer authority, as defined by the first schedule to this Act, for 
 
 the sewers authority as defined by said Act. 
 
 Modifications necessary for Application of Part II, to Ireland. 
 
 57. The Nuisance Removal Acts as amended by the Second Part of this Act 
 shall apply to Ireland ; provided, however, that in such application the followmg 
 changes snail be observed : 
 
 (1.) Sewer authority as defined by the Sewage Utilization Act, 1865, and 
 amended by this Act, shall in Ireland be the nuisance authority for 
 executing the Nuisance Removal Acts : 
 
 (2.) The expenses of executing the Nuisance Removal Acts shall be defrayed 
 out of the funds herein- after provided : 
 
 (3.) The penalties shall be recovered in the manner herein-after provided : 
 
 (4.) The expressions "mayor, aldermen, and burgesses," "council," "borough 
 rate," borough fund," and "town rate," shall in the first schedule hereto 
 have respectively the same meaning as in the Acts for the regulation of 
 municipal corporations in Ireland : 
 
 (5.) For the purposes of the twenty-second section of the Nuisance Removal 
 Act, 1855, tlie nuisance authority shall in Ireland have the power of 
 entering land conferred by the Sewage L^tiiization Act, 1865, and shall 
 have the same power of levying assessments under the said section that 
 they have of levying any other rates they are authorized by law to 
 impose. 
 
 How Expenses to be defrayed in Ireland when Nuisance A uthority not a 
 Board of Guardians. 
 
 58. In Ireland, the nuisance authority, not being the guardians of the poor, 
 shall pay all expenses incurred by ihem m carrying the Nuisance Removal Acts 
 into effect out of the fund in the first schedule in that behalf mentioned, and 
 where such fund arises wholly or in part from rates shall have, in addition to 
 their existing powers of rating, all such powers for making and levying any 
 extra rate, if necessary, respectively, as in the case of any rate authorized to be 
 made under the provisions of the respective Acts of Parliament under which the 
 nuisance authorities are constituted or authorized to levy rates ; and all provisions 
 of such Acts respectively shall be applicable in respect thereof; provided that when 
 the rates to be assessed by such autliority are limited by law to a certain rateable 
 amount, such limitation shall not ap|)ly or extend to expenses incurred in carrying 
 this Act into execution ; and it shall be lawful for such authority to assess the 
 expenses under this Act in addition to such limited assessment. 
 
 When Board of Guardians is Nuisance A uthority, how Expenses to be 
 defrayed in Ireland. 
 
 59. In Ireland, a nuisance authority, being guardians of the poor, shall pay all 
 expenses incurred by them in carrying this Act into effect out of the poor rates of 
 the union, and charge the same to the union, or any electoral division or electoral 
 divisions thereof, in such manner as the Poor Law Commissioners shall from time 
 to time, by general orders applicable to classes of cases or by order in any particular 
 case, direct. 
 
 Recovery of Penalties in Ireland. 
 
 60. In Ireland, penalties under this Act and expenses or compensation directed 
 to be recovered in a summary manner, and nuisances and other offences liable to 
 be prosecuted summarily, shall be recovered and prosecuted in manner directed by 
 the Petty Sessions (Ireland) Act, 1651, or any Act amending the same ; and all
 
 •^94 APPENDIX. 
 
 penalties recovered by any authority under this Act shall be paid to them respec- 
 tively, and by them applied in aid of their expenses under this Act. 
 
 Any order authorized to be made by justices under this Act shall be deemed to 
 be an order made upon a complaint on which justices are authorized to make orders 
 under the last-mentioned Act. 
 
 Modifications necessary for Application of Part III. to Ireland. 
 
 61. In applying the provisions of Part III. of this Act to Ireland the following 
 changes shall be oljserved : 
 
 (1.) Applications for power to make regulations as to lodging houses may be 
 made by any nuisance authority, except a board of guardians, and shall be 
 made to the Lord Lieutenant in Council, and the said Lord Lieutenant in 
 Council shall havetlie power of declaring the enactments as to lodging houses 
 in tlie Third Part of this Act to be in force in any nuisance district : 
 
 (2.) The said Lord Lieutenant in Council shall have and exercise the power, in 
 respect of boards of guardians acting together, vested in the Privy Council 
 by the said Third Part of this Act. 
 
 (3.) In Ireland, any nuisance authority, except a board of guardians, may 
 exercise the powers conferred on local boards acting in the execution of the 
 Local Government Act, 1858, by the said Third Part of this Act : 
 
 (4.) Sewer and nuisance authorities in Ireland shall be incorporated for the 
 purposes of this Act by tlie names set forth in the said first schedule hereto ; 
 and such sewer or nuisance authorities may hold lands by such names for 
 the purposes of Burial Ground {Ireland) Act, 1856 : 
 
 (5.) The penalties under the Third Part of this Act shall be recovered in like 
 manner as herein-before provided with respect to penalties under the Second 
 Part of this Act. 
 
 Modifications necessary for Application of Disease Prevention Act to Ireland. 
 
 62. The Diseases Prevention Act, 1855, as amended by the Nuisance Removal 
 and Disease Prevention Amendment Act, 1860, and this Act, shall extend to 
 Ireland : Provided, however, that in such application the following changes shall be 
 observed : 
 
 (1.) Tiie Lord Lieutenant in Council shall have the power with respect to 
 Irekmd which the Privy Council has under such provisions for prevention of 
 disease in England : 
 
 (2.) The commissioners for administering the laws for the relief of the poor in 
 Ireland, hereinafter called the Poor Law Commissioners, shall be the authority 
 in Ireland for issuing regulations to carry tlie provisions of the said Act into 
 effect : 
 
 (3.) The regulations of the Poor Law Commissioners shall be authenticated in 
 like manner as orders of theirs under the Dispensary Act, 1851, stat. 14 & 
 15 Vict. c. 68. sect. 8. : 
 
 (4.) In defraying tlie expenses of the prevention of disease out of the poor rate 
 of the union under this Act the guardians of the poor shall charije the same 
 to the union or any dispensary district or electoral division or divisions 
 thereof, in such manner as tlie Poor Law Conmiissioners shall from time to 
 time, by general orders applicable to classes of cases, or by orders in par- 
 ticular cases, direct. 
 
 Committee and Officers under Dispensaries Act to aid Local Authority in 
 execution of this A ct. 
 
 63. In Ireland, all committees, inspectors, medical ofEcers, and other persons 
 apjjointed or employed under the ]iowers of statute fourteenth and fifteenth F?c^o?-ia, 
 chapter sixty-eight (tlie Dispensaries Act, 1851), shall and they are hereby required 
 wiliiin their respective districts to aid the local authority, and such officers or 
 persons as they shall appoint or employ, in the superintendence and execution of 
 any directions and regulations which may at any time be issued by the Poor Law 
 Commissioners for the time being under the authority and by virtue of this Act.
 
 APPENDIX. 
 
 395 
 
 The Provisions of \4 (t 15 Vict. c. 68. as to Duties and Appointment of Medical 
 Inspectors in Ireland incorporated witk this Act. 
 
 64. In Ireland, the provisions of the Dispensary Act, 1851 (statute 14 k 15 
 Vict. c. 68.), witli respect to the duties and appointment of medical inspectors, shall 
 be incorporated with this Act, and the prevention of disease and inquiry into public 
 health under this Act shall be deemed one of the purposes for which such medical 
 inspectors have been or may be appointed, in like manner as if its provisions had 
 been referred to in the said Act of 1851, instead of the provisions of the said 
 Nuisance Hemoval and Diseases Prevention Act of 1848. 
 
 Remuneration to Medical Practitioners for Senices under the Directions and 
 Regulations of the Poor Law Commissioners in Ireland. 
 
 65. In Ireland, whenever in compliance with any direction or regulation of 
 the Poor Law Commissioners which they may be empowered to make under the laws 
 for the time being as to the public health, any me<lical officer of a union or dispen- 
 sary district, or any other medical practitioner specially employed by the guardians 
 for the purpose, shall perform any extra medical service in any union or part of a 
 union, it sliall and may be lawful for the guardians of the union to determine, 
 subject to the approval of the said commissioners, and if they shall not approve the 
 amount determined by the guardians, for the said commissioners to fix by order 
 under their seal such remuneration, proportioned to the nature and extent of such 
 services as aforesaid, as to them shall appear just and reasonable ; and the amount 
 of such remuneraticin shall be paid to such medical officer or other medical practi- 
 tioner by the guardians of the union out of tlie rates raised for the relief of the poor, 
 and shall be charged either to the union at lartre, or to such part or parts of the 
 union, according to the nature of the case, as the said commissioners shall in each 
 case direct. 
 
 Poor Law Commissioners to make Inquiries as to Public Health in Ireland. 
 
 66. The Lord Lieutenant in Council may from time to time direct the Poor Law 
 Commissioners to cause to be made such inquiries as the Lord Lieutenant in Council 
 see fit in relation to any matters concernint; the public health in anyplace or places 
 in Ireland, and the Poor Law Commissioners shall report the result of such inquiries 
 to the Lord Lieutenant in Council. 
 
 Publication in Ireland to he made in Dublin Gazette. 
 
 67. Publication shall be made in the Dublin Gazette in any case in Ireland 
 •where publication in the London Gazette is required in England. 
 
 Powers in Secretary of State in England to be exercised in Ireland by the 
 Lord Lieutenant in Council. 
 
 68. All powers relating to the execution of this Act in England, and by this 
 Act vested in one of Her Majesty's Principal Secretaries of State, shall.with regard 
 to the execution of this Act in Ireland, in all cases not herein-before expressly 
 provided for, be vested in the Lord Lieutenant or other chief governor or governors 
 o{ Ireland ; and all powers relating to the execution of this Act in England, and 
 by this Act vested in the Privy Council in England, shall, with regard to the 
 execution of this Act in Ireland, in all cast-s not herein-before expressly provided 
 for, be vested in the Lord Lieutenant in Council in Ireland. 
 
 Repeal of Statutes applicable to Ireland. 
 
 69. From and after the passing of this Act, the Acts set forth in the second 
 schedule hereto shall be repealed, so fitr as they are still in force : Providdl always, 
 that all proceedings commenced or taken under the said Acts and not yet completed 
 maj' be proceeded with under said Acts, anil that all contracts and works under- 
 taken by virtue of said Acts shall continue and be efifective as if said Acts had not 
 been repealed.
 
 396 
 
 APPENDIX. 
 
 SCHEDULES. 
 
 FIKST SCHEDULE. 
 
 Application to Ireland. 
 
 Description of Sewers and 
 
 Nuisance Authority 
 
 in Ireland. 
 
 The Right Honourable the 
 Lord Mayor, Aldermen, 
 and Burgesses, acting by 
 the Town Council. 
 
 The Mayor, Aldermen, and 
 Burgesses, acting by the 
 Town Council. 
 
 The Town Commissioners. 
 
 The Township 
 sioners. 
 
 Commis- 
 
 The Commissioners ap- 
 pointed by virtue of an 
 Act made in the 9th Year 
 of the Reign of George the 
 Fourth, intituled "An Act 
 to make Provision for the 
 liglitiiig, cleansing, and 
 watching of Cities and 
 Towns Corporate and 
 Market Towns in Ireland 
 in certain Cases." 
 
 The Municipal Commis- 
 sioners. 
 
 The Guardians of the Poor 
 of each Union. 
 
 Description of Sewers 
 and Nuisance Dis- 
 trict in Ireland. 
 
 The City of Dublin. 
 
 Towns Corporate, with 
 Exception of Dublin. 
 
 Towns having Town 
 Commissioners, un- 
 der the Towns Im- 
 provement (Ireland) 
 Act, 1854 (17 & 18 
 Vict. c. 113),orunder 
 any Local Act. 
 
 Townships having 
 Commissioners un- 
 der Local Acts. 
 
 Towns under such 
 Commissioners. 
 
 Corporate Name, for 
 the Purpose of suing 
 or being sued, or 
 holding Property, 
 under the Provisions 
 of this Act. 
 
 Towns having Muni- 
 cipal Commissioners, 
 under 3 & 4 Vict, 
 c. 108. 
 
 Such Part of each 
 Union as is not under 
 another Sewer or 
 Nuisance Authority. 
 
 Rate or Fund out of 
 which Expenses in- 
 curred by Sewers or 
 Nuisance Authority 
 under this Act to be 
 defrayed. 
 
 The Right Honourable The Borough Rate or 
 the Lord Mayor, Al- I Borough Fund, 
 dermen, and Bur- 
 gesses of the City of 
 Dublin. 
 
 The Mayor, Aldermen, 
 and Burgesses of the 
 City or Town of 
 
 The Town 
 sioners of • 
 
 Commis- 
 
 The Township Com- 
 missioners of 
 
 The Lighting and 
 Cleansing Commis- 
 sioners of the Town 
 of 
 
 The Municipal Com- 
 missioners of 
 
 The Guardians of the 
 
 Poor of the 
 
 Union. 
 
 The Borough Rate or 
 Borough Fund. 
 
 Any Rate levied 
 by the Commis- 
 sioners. 
 
 The Town Fund. 
 
 The Poor Rate of 
 Union. 
 
 SECOND SCHEDULE. 
 
 Statutes repealed. 
 
 Local Boards of Health Act for Ireland, 1818; statute 58 Geo. 
 
 10 to 15 inclusive. 
 
 Officers of Health Act for Ireland, 1819 ; statute 59 Geo. 3. c. 41. 
 
 Nuisance Removal and Disease Prevention Act, 1848. 
 
 Nuisance Removal and Disease Pievention Act, 1849. 
 
 3. c. 47.
 
 APPENDIX. 397 
 
 ANNO VICESIMO PRIMO & VICESIMO SEC UNDO 
 VICTORIiE REGINiE. 
 
 CAP. XC. 
 
 An Act to regulate the Qualifications of Practitioners in Medicine and 
 Surgery. [2nd ^W(;rw.s/: 1858.] 
 
 WHEREAS it is expedient that persons requiring medical aid should be 
 enabled to distinguish qualified from unqualified practitioners : Be it there- 
 fore enacted by the Queen's most excellent Majesty, by and with the advice and 
 consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- 
 ment assembled ; and by the authority of the same, as follows : 
 
 Short Title. 
 
 I. This Act may for all purposes be cited as " The Medical Act." 
 
 Commencement of A ct. 
 
 II. This Act shall commence and take efiFect from the first day of October one 
 thousand eiglit hundred and fifty-eight. 
 
 Medical Council. 
 
 III. A council which shall be styled "The General Council of Medical Educa- 
 tion and Registration of the United Kingdom," herein-after referred to as the 
 general council, shall be established, and branch councils for England, Scotland, 
 and Ireland respectively formed thereout as herein-after mentioned. 
 
 Members of Council. 
 
 IV. The general council shall consist of one person chosen from time to time 
 by each of the toUowing bodies : (that is to say,) 
 
 The Royal College of Physicians : 
 
 The Royal College of Surgeons of England : 
 
 The Apothecaries' Society of London : 
 
 The University of Oxford : 
 
 The University of Cambridge : 
 
 The University of Dnrliam: 
 
 The Dniversity of London : 
 
 The College of Puysicians of Edinburgh : 
 
 The College of Surgeons of Edinburgh : 
 
 The Faculty of Physicians and Surgeons of Glasgow : 
 One person chosen from time to time by the University of Edinburgh and the 
 
 two universities of Aberdeen collectively : 
 One person chosen from time to time by the University of Glasgow and the 
 
 University of Saint Andrew's collectively : 
 One person chosen from time to time by each of the following bodies : 
 
 The King and Queen's College of Physicians in Ireland : 
 
 The Royal College of Surgeons in Ireland : 
 
 Tlie Apothecaries' Hail of Ireland : 
 
 The University of Dublin : 
 
 The Queen's University in Ireland : 
 and six persons to be nominated by Her Majesty with the advice of Her Privy 
 Council, four of whom shall be appointed for England, one for Scotland, and one 
 for Ireland ; and of a president to be elected by the general council. 
 
 Provision in case the Universities of Glasgow, Aberdeen, and Saint Andrew's fail 
 to appoint a Person to represent them. 
 V. If the said Universities of Edinburgh and Aberdeen, of Glasgow and Saint 
 Andrew's respectively, shall not be able to agree upon some one person to represent
 
 398 APPENDIX. 
 
 them in the council, it shall be lawful for each one of the said universities to select 
 one person ; and thereupon it shall be lawful for Her Majesty, with the advice of 
 Her Privy Council, to appoint one of the persons so selected to be a member of 
 the said council for the said universities. 
 
 Branches of the Council for England, Scotland, and Ireland. 
 
 VI. The members chosen by the medical corporations and universities of 
 England, Scotland, and Ireland respectivelj', and the members nominated by Her 
 Majesty, with the advice of Her Privy Council, for such parts respectively of the 
 United Kingdom, shall be the branch councils for such parts respectively of the 
 United Kingdom, to which branch councils shall be delegated such of the powers 
 and duties vested in the council as the council may see fit other than the power to 
 make representations to Her Majesty in Council as hereiu-after mentioned : the 
 president shall be a member of all the branch councils. 
 
 Qualification. 
 
 VII. Members of the general council representing the medical corporations 
 must be qualified to be registered under this Act. 
 
 Resignation or Death of Member of General Council. 
 
 VIII. The members of the general council shall be chosen and nominated for 
 a term not exceeding five years, and shall be capable of re-nppointment, and any 
 member may at any time resign his appointment by letter addressed to the presi- 
 dent of the said council, and upon the death or resignation of any member of the 
 said council, some other person shall be constituted a member of the said council, 
 in his place in manner herein-before provided ; but it shall be lawful for the coun- 
 cil during such vacancy to exercise the powers herein-after mentioned. 
 
 Time and Place of Meeting of the General Council. 
 
 IX. The general council shall hold their first meeting within three months 
 from the commencement of this Act, in such place and at such time as one of Her 
 Majesty's Principal Secretaries of State shall appoint, and shall make such rules 
 and regulations as to the times and places of the meetings of the general council, 
 and the mode of summoning the same, as to them shall seem expedient, which rules 
 and regulations shall remain in force until altered at any subsequent meeting ; and 
 in the absence of any rule or regulation as to the summoning a meeting of the 
 general council, it shall be lawful for the president to summon a meeting at such 
 time and place as to him shall seem expedient by letter addressed to each member ; 
 and at every meeting, in the absence of the president, some other member to be 
 chosen from the members present shall act as president ; and all Acts of the gene- 
 ral council shall be decided by the votes of the majority of the members present at 
 any meeting, the whole number present not being less than eight, and at all such 
 meetings the president for the time being shall, in addition to his vote as a member 
 of the council, having a casting vote, in case of an equality of votes ; and the 
 general council sliall have power to appoint an executive committee out of their own 
 body, of which the quorum shall not be less than three, and to delegate to such 
 committee such of the powers and duties vested in the council as the council may 
 see fit, other than the power of making representations to Her Majesty in Council 
 as herein-after mentioned. 
 
 Appointment of Registrars and other Officers. 
 
 X. The general council shall appoint a registrar, who shall act as secretary of 
 the general council, and who may also act as treasurer, unless the council shall ap- 
 point another person or other persons as treasurer or treasurers ; and the person 
 or persons so appointed shall likewise act as registrar for England, and as secretary 
 and treasurer or treasurers, as the case may be, for the branch council for England ; 
 the general council and branch council for England shall also appoint so many
 
 APPENDIX. .399 
 
 clerks ami servants as shall be necessary for the purposes of this Act ; and every 
 person so appointetl by any council shall be removable at the pleasure of that coun- 
 cil, an'l shall be paid such salary as the council by which he was appointed shall 
 think tit. 
 
 Appointment of Rerjistrars and other Officers hy Branch Councils. 
 
 XI. The branch councils for Scotland and Ireland sliall each respectively in 
 like manner appoint a registrar and other officers and clerks, who shall be paid 
 sucli salaries as such branch councils respectively shall think fit, and be removable at 
 the pleasure of the council by which they were appointed ; and the person appointed 
 registrar shall also act as secretary to the branch council, and may also act as 
 treasurer, unless the council shall appoint some other person or persons as treasurer 
 or treasurers. 
 
 Fees for A ttendance at Councils. 
 
 XII. There shall be paid to the members of the councils such fees for atten- 
 dance and such reasonable travelling expenses as shall from time to time be allowed 
 by the general council and approved by the Commissioners of Her Majesty's 
 Treasury. 
 
 Expenses of the Councils. 
 
 XIII. All monies payable to the respective councils shall be paid to the 
 treasurers of such councils respectively, and shall be applied to defray the expenses 
 of carrying this Act into execution in manner following ; that is to say, separate 
 accounts shall be kept of the expenses of the general council, and of those of the 
 branch councils ; and the expenses of the general council, including those of 
 keeping, printing, and publishing the register for the United Kingdom, shall be 
 defrayed, under the direction of the general council, by means of an equal percen- 
 tage rate upon all monies received by the several branch councils ; returns shall he 
 niarle by the treasurers of tlie respective branch councils, at such times as tlie gene- 
 ral council shall direct, of all monies received l)y them ; and the necessary per- 
 centage having been computed by the general council, the respective contributions 
 shall be paid bv the treasurers of such branch councils to tiie treasurer or treasurers 
 of the general council ; and the expenses of the branch councils sliall be defrayed, 
 under the direction of those councils respectively, out of the residue of the monies 
 so received as aforesaid. 
 
 Diitij of Registrar to keep the Register correct. 
 
 XIV. It shall be the duty of the registrars to keep their respective registers 
 correct in accordance with the provisions of this Act, and the orders and regulations 
 of the general council, and to erase the names of all registered persons who shall have 
 died, and shall from time to time make the necessary alterations in the addresses or 
 qualifications of the persons registered under this Act ; and to enable the respec- 
 tive registrars duly to fulfil the duties imposed upon them it shall be lawful for the 
 registrar to write a letter to any registered person, addressed to him according to 
 his address on the register, to inquire whether he has ceased to practice, or has 
 changed his resilience, and if no answer shall be returned to such letter within the 
 period of six months from the sending of the letter it shall be lawful to erase tbs 
 name of such person from the register ; provided always, that the same may be 
 restored by direction of the general council should they think fit to make an order 
 to that effect. 
 
 Registration of Persons now qualified, and of Persons hereafter becoming qualified. 
 
 XV. Every person now possessed, and (subject to the provisions herein-after 
 contained) every person hereafter becoming possessed, of any one or more of the 
 qualifications described in the Schedule (A.) to this Act, shall, on payment of a fee, 
 not exceeding two pounds in respect of qualifications obtained before the first day 
 o{ January, one thousand eight hundred and fifty-nine, an<i not exceeding five 
 pounds in respect of qualifications obtained on or after that day, be entitled to be 
 registered on producing to the registrar of the bnuicli council for England, Scotland,
 
 400 APPENDIX. 
 
 or Ireland the document conferring or evidencing the qualification or each of the 
 qualifications in respect whereof he seeks to be so registered, or upon transmitting 
 by post to such registrar information of his name and address, and evidence of the 
 qualification or qualifications in respect whereof he seeks to be registered, and of 
 the time or times at which the same was or were respectively obtained : Provided 
 always, that it shall be lawful for the several colleges aud other bodies mentioned 
 in the said Schedule (A.) to transmit from time to time to the said registrar lists 
 certified under their respective seals of the several persons who, in respect of quali- 
 fications granted by such colleges and bodies respectively, are for the time being 
 entitled to be registered under this Act, stating the respective qualifications and 
 places of residence of such persons : and it shall be lawful for the registrar there- 
 upon, and upon payment of such fee as aforesaid in respect of each person to be 
 registered, to enter in the register the persons mentioned in such lists, with their 
 qualifications and places of residence as therein dated, without other application 
 in relation thereto. 
 
 Council to make Orders for regulating Registers to he kept. 
 XVI. The general council shall, with all convenient speed after the passing of 
 this Act, and from time to time as occasion may require, make orders for regulating 
 the registers to be kept under this Act as nearly as conveniently may be in accor- 
 dance with the form set forth in Schedule (D.) to this Act, or to the like effect. 
 
 Persons practising in England before \st August, 1815, entitled to he registered. 
 
 X"VII. Any person who was actually practising medicine in England before the 
 first day o{ August, one thousand eiufbt hundred and fifteen, shall, on payment of a 
 fee to be fixed l)y the general council, be entitled to be registered on producing to 
 the registrar of the branch council for England, Scotland, or Ireland a declaration 
 according to the form in the Schedule (B.) to this Act, signed by him; or upon 
 transmitting to such registrar information of his name and address, and enclosing 
 such declaration as aforesaid. 
 
 Council may require Information as to Course of Study, &c. required for 
 obtaining Qualifications. 
 
 XVIII. The several colleges and bodies in the United Kingdom mentioned 
 in Schedule (A.) to this Act, shall from time to time, when required by the general 
 council, furnish such council with such information as they may require as to the 
 courses of study and examinations to be gone through in order to obtain the respec- 
 tive qualifications mentioned in Schedule (A.) to this Act, and the ages at which 
 such courses of study and examination are required to be gone through, and such 
 qualifications are conferred, and generally as to the requisites for obtaining such 
 qualifications ; and any member or members of the general council, or any person 
 or persons deputed for this purpose by such council, or by any branch council, may 
 attend and be present at any such examinations. 
 
 Colleges may unite in conducting Examinations. 
 
 XIX. Any two or more of the colleges and bodies in the United Kingdom 
 mentioned in Schedule (A.) to this Act may, with the sanction and under the direc- 
 tions of the general council, unite or co-operate in conducting the examinations 
 required for qualifications to be registered under this Act. 
 
 Defects in the Course of Study or Examinations may be represented by OeneraZ 
 Council to Privy Council. 
 
 XX. In case it appear to the general council that the course of study and 
 examinations to be gone through in order to obtain any such qualification from any 
 such college or body are not such as to secure the possession bj' persons obtaining 
 such qualification of the requisite knowledge and skill for the efficient practice of 
 their profession, it shall be lawful for such general council to represent the same to 
 Her Majesty's most Honourable Privy Council.
 
 APPENDIX. 401 
 
 Privy Council may suspend the Jiif/ht of Registration in respect of QualiJicatio7is 
 (/ranted by College, dbc. in default, but may be revoked, 
 
 XXT. It shall be lawful for the Privy Council, upon any such representation as 
 aforesaid, if it see fit, to order that any (lualification granted by such college or 
 body, after such time as may be mentioned in the order, sliall not confer any 
 right to be registered under this Act : Provided always, that it shall be lawful 
 for Her Majesty, with the advice of Her Privy Council, when it is made to 
 appear to Her, upon further representation from the general council or otherwise, 
 that such college or body lias made effectual ]>rovision, to the satisfaction of 
 such general council, for the improvement of such course of study or examina- 
 tions, or the mode of conducting such examinations, to revoke any such order. 
 
 Persons not to be registered in respect of Qualifications granted by the College or 
 Body before Revocation. 
 
 XXII. After the time mentioned in this behalf in any such order in Council 
 no person shall be entitled to be registered umler this Act in respect of any sucli 
 qualification as in such order mentioned granted by the college or body to whi^h 
 such order relates, after the time therein mentioned, and the revocation of any such 
 order shall not entiile any person to be registered in respect of any qualification 
 granted before such revocation. 
 
 Privy Council may prohibit Attempts to impose Restrictions as to any Theory of 
 Medicine or Surgery by Bodies entitled to grant Certificates. 
 
 XXITI. In case it shall appear to the general council that an attempt has 
 been made by any body, entitled under this Act to grant qualifications, to impose 
 upon any can<li(lrtte offering himself for examinatio?) an obligation to adopt or 
 refrain from adopting the practice of any particular theory of medicine or surgery 
 as a test or condition of admitting Lini to exianination, or of granting a certificate, 
 it shall be lawful for the said council to represent llie same to Her Majesty's most 
 Honourable Privy Council, and the said Privy Council may thereupon issue an 
 injunction to such body so acting, directing them to desist from such practice ; and 
 in the event of tlieir not complying therewith, then to order that such body shall 
 cease tf) have the power of conferring any right to be registered under tliis Act so 
 long as they shall continue such practice. 
 
 As to the making and Authentication of Orders, dsc. 
 
 XXIV. All powers vested in the Privy Council by this Act may be exercised bj' 
 any three or more of the Lords and others of the Privy Council, the Vice-President 
 of the Committee of the said Privy Council on Education being one of them ; and 
 all orders and acts of the Privy Council under this Act shall be sufficiently made 
 and signified by a written or printed document, signed by one of the clerks of the 
 Privy Council, or such officer as may be appointed by the Privy Council in tlii.s 
 behalf ; and all orders and acts made or signified by any written or printed 
 document purporting to be so signed shall be deemed to have been duly made, 
 issued, and done by the Privy Council ; and every such document shall be received 
 in evidence in all courts, and before all justices and others, without proof of the 
 authority or signature of such clerk or other officer or other proof whatsoever, 
 until it be shown that such document was not duly signed by the authority of the 
 Privy Councd. 
 
 As to Registration by Branch Registrars. 
 
 XXV. Where any person entitled to be registered under this Act applies to 
 the registrar of any of the said branch councils for that purpose, such registrar 
 shall forthwith enter in a local register in the form set forth in Schedule (D.) to 
 this Act, or to the like effect, to be kept by him for that purpose, the name and 
 place of residence, and the qualification or several qualifications in respect of which 
 the person is so entitled, and the date of the registration, and shall, in the case of 
 
 D D
 
 402 APPENDIX. 
 
 the registrar of the branch council for Scotlavd or Ireland, with all convenient 
 speed send to the registrar of the general council a copy, certified umier the hand 
 of the registrar, of tlie entry so made, aud the registrar of the general council shall 
 forthwith cause the same to be entered in the general register; and such registrar 
 shall also forthwith cause all entries made in the local register for Lmjland to be 
 entered in the general register ; and the entry ou the general register shall bear 
 date from the local register. 
 
 Evidence of Qualijication to be given before Registration. 
 
 XXVI. No qualification shall be entered on the register, either on the first 
 reg'stration or by way of additinn to a registered name, unless the registrar be 
 satisfied by the proper evidence that the person claiming is entitled to it ; and any 
 appeal from the decision of the registrar may be decided by the general council, 
 or by the council for England, Scotland, or Ireland (as the case may be) ; and any 
 entry which shall be proved to the satisfaction of such general council or branch 
 council to have been fraudulently or incurrectly made may be erased from the 
 register by order in writing of such general council or branch council. 
 
 Register to he published, 
 
 XXVII. The registrar of the general council shall in every year cause to be 
 printed, published, and sold, under the direction of such council, a correct register 
 of the names in alphabetical order according to the surnames, with the respective 
 residences, in the form set forth in Schedule (D.) to this Act, or to the like effect, 
 and medical titles, diplomas, and tjualifications conferred by any corporation or 
 universitv, or by doctorate of the Archbishop of Cantirbury, with the dates thereof, 
 of all persons appearing on the general) eg ister as existing on the first day of January 
 in every year ; and such register shall be called "the medical register ;'' and » 
 cojiyofthe medical register foi' the time being, purporting to be so piinted and 
 publishel as aforesaid, shall be evidence in all courts and before all justices of the 
 peace and others that the persons therein specified are registered according to the 
 provisions of this Act ; and the absence of the name of any person from such copy 
 shall be evidence, until the contrary be made to appear, that such person is not 
 registered according to the provisions of this Act : Provided always, that in the 
 case of any person whose name does not appear iii such cojiy, a certiued copy, 
 under the hand of the legistrar of the general council or of any branch council, of 
 the entry of the name of such person on the general or local register, shall be 
 evidence that such person is registered under the provisions of this Act. 
 
 Karnes of Members struck off from List of College, d-c. to be signified to 
 General Council. 
 
 XXVIII. If any of the said colleges or the saiil bodies at any time exercise 
 any power they possess by law of striking off from the list of such college or body 
 the name of any one of their members, such college or body shall signify to the 
 general council the name of the member so struck off; and the general council 
 ma^•, if they see fit, direct the registrar to erase forthwith fiom the register the 
 qualification derived from such college or body in respect of which such member 
 was registered, and the registrar shall note the same therein : Provided always, 
 that the name of no person shall be erased from the register on the ground of his 
 having adopted any theory of medicine or surgery. 
 
 Medical Practitioners convicted of Felony may be struck off the Register. 
 
 XXTX. If any registered medical practitioner shall be convicted in England 
 or Ireland of any felony or misf'emeanor, or in Scotland of any crime or offence, 
 or shall after due inquiry bi- judged by the general council to have been guilty of 
 infamous conduct in anj- professional respect, the general council may, if they see 
 fit, direct the registrar to erase the name of such medical practitiouer from the 
 register.
 
 APPENDIX. 403 
 
 Registered Persons may have subsequent Qualifications inserted in the Rcui.stcr. 
 
 XXX. Evci-y person regi ^tei't d under this Act who may have obtained any 
 higher degree or any qualification other than the qualific ilion in respect of which 
 he may have been registered, shall be entitled to liave such higher degree or addi- 
 tiotial qualification inserted in the register iu substitution for or in aildition to tiie 
 (jualihcation previously registered, on payment of such fee as the council may 
 appoint. 
 
 Privileges of registered Persons. 
 
 XXXI. Every person registered under this Act shall be entitle;! iiccordlng to 
 his qualification or qualifications to practise medicine or surgery, or medicine and 
 surgery, as the case may he, in any part of Her Majesty's donjinions, and to demand 
 and recover in any court of law, with full costs of suit, reasonable charges for 
 professional aid, advice, and visits, and the costs of any medicines or other medical 
 or surgical appliances rendered or supplied by him to his patients : Provided always, 
 that it shall he huvlul for any college of physicians to pass a byelaw to the effect 
 that no one of their fellows or members shall be entitled to sue in manner aforesaid 
 in any court of law, and thereupon such byelaw may be plea led in bar to any 
 action for the purposes aforesaid commenced by any feUovv or member of such 
 college. 
 
 None but registered Persons to recover Charges. 
 
 XXXII. After the first day of January one thousand eight hundred and fifty- 
 nine, no person shall be entitled to recover any charge in any court of law for any 
 niedical or surgical advice, attendance, or for the performance of any operation, or 
 for any medicine which he shall have both prescribed and supplied, unless he shall 
 prove upon the trial that he is registered under this Act. 
 
 Poor Law Medical 0£icers not disqualified if registered within Six Months 
 of passing of Act. 
 
 XXXIII. Provided also, that no person who on the first of October one thou- 
 Band eight hundred and fifty-eight shall be acting as medical officer under an order 
 of the Poor Law Conmiissioners or Poor Law Board shall be disqualified to hold 
 such office by reason of his not being registered as lieieln required, unl ;ss 
 he shall have failed to be registered within six months fro.n the passing of 
 this Act. 
 
 Meaning of Terms "legally qualified Medical Practitioner," d:c. 
 
 XXXIV. After the first daj- of January one thousand eight hundred and 
 fifty-iiiiie, the words " legally qualified medical practitioner" or "duly qualifieil 
 medical practitioner, " or any words importing a person recognised bylaw as a 
 medical practiticmer, or member of the medical j)rofession, when used in any 
 Act of Parliament, shall be construed to mean a person registered under this 
 Act. 
 
 Registered Persons exempted from, seeing on Juries, die. 
 
 XXXV. Every person who shall be registered under the provisions of this Act 
 shall be exempt, if he shall so desire, from serving on all juries and inquests what- 
 soever, and from serving all corporate, parochial, ward, hundred, and township 
 offices, and from serving in the militia, and the name of such jicrsou shall not be 
 returned in any list of persons liable to serve in the militia, or in any such office 
 as aforesaid. 
 
 Unregistered Persons not to hold certain Appointments. 
 
 XXXVI. After the first day of January one thousand eight hundred and fftv- 
 nine, no person shall hold any appointment as a physician, surgeon, or other 
 medical officer either in the military or nav;:l service, or in end^rant or other 
 vessels, or in any hospital, infirmary, dispensary, or lying- in hospital, not supported 
 wholly by voluntary contrduitions, or in any lunatic asylum, gaol, penitentiary, 
 house of correction, house of industry, parociiial or union workhouse or poorhouse, 
 
 D D 2
 
 404) APPENDIX. 
 
 parish union, or other public establisliment, body, or institution, or to any friendly 
 or other society for affunUng mutual relief in sickness, infirmity, or old age, or as 
 a medical officer of hcMllh, unless he be registered under this Act: Provided 
 always, that nothing in this Act contained shall extend to repeal or alter any of the 
 provisions of the Passengers Act, 1855. 
 
 No Certificate to be valid unless Person signing be registered. 
 
 XXXVII. After the first day of January one thousand eight hundred and 
 fifty-nine, no certificate required by any Act now in foice or that may hereafter be 
 passed from any physician, surgeon, licentiate in medicine and surgery, or other 
 medical practitioner, shall be valid unless the person signing the same be registered 
 under this Act. 
 
 Penalty on wilful Falsification of Register. 
 
 XXXVIII. Any registrar who shall wilfully make or cause to be made any 
 falsification in any matters relating to the register shall be deemed guilty of a 
 misdemeanor in England or Ireland, and in Scotland of a crime or offence punish- 
 able by fine or imprisonment, and shall, on conviction thereof, be imprisoned for 
 any term not exceeding twelve months. 
 
 Penalty for obtaining Registration by false Representations. 
 
 XXXIX. If any person shall wilfully procure or attempt to procure himself to 
 be registered under this Act, by making or producing or causing to be made or 
 produced any false or fraudulent representation or declaration, either verbally or in 
 writing, every such person so offending, and every person aiding and assisting him 
 therein, shall be deemed guilty of a misdemeanor in England and Ireland, and in 
 Scotland of a crime or offence punishable by fine or imprisonment, and shall, on 
 conviction thereof, be sentenced to be imprisoned for any term not exceeding 
 twelve months. 
 
 Penalty for falsely pretending to be a registered Person. 
 
 XL. Any person who shall wilfully and falsely pretend to be or take or use the 
 name or title of a physician, doctor of medicine, licentiate in medicine and surgery, 
 bachelor of medicine, surgeon, general practitioner or apothecary, or any name, 
 title, addition, or description implying that he is registered under this Act, or that 
 he is recognised by law as a physician, or surgeon, or licentiate in medicine and 
 surgery, or a practitioner in medicine, or an apothecary, shall, upon a summary 
 conviction for any such offence, pay a sum not exceeding twenty pounds. 
 
 Recovery of Penalties. 
 
 XI.I. Any pennlty to which under this Act any person is liable on summary 
 conviction of any offence may Ijeiecovered as follows ; (that is to say,) in England, 
 in manner directed by the Act of the Session holden in the eleventh and twelfth 
 years of Her Majesty, chapter forty-three, and in Ireland in manner directed by 
 "Tlie Petty Sessions {Ireland) Act, 1851," or any other Act for the time being in 
 force in England and Ireland respectively for the like purpose ; and any such 
 penalty may in Scotland Le recovered by the procurator fiscal of the county, or 
 by any other person before the sheriff or two justices, who may proceed in a 
 summary way and grant warrant for bringing the party complained against before 
 him or them, or issue an order reiiuiring sueh party to appear on a day and at a 
 tune and place to be named in such order, and every such order shall be served on 
 the party by delivering to him in person or by leaving at his usual place of abode 
 a copy of such order and of the comjilaint whereupon the same has proceeded, and 
 upon the appearance or default to appear of the party, it shall be lawful for the 
 sheriff or justices to proceed to the hearing of the complaint and upon proof on 
 oath or confession of the offence, the sheriff or justices shall without any written 
 pleadings or record of evidence commit the offender and decern him to pay the 
 penalty named as well as such expenses as the sheriff or justices shall think fit,
 
 APPENDIX. 405 
 
 and failing payment sliall grant warrant for recovery thereof by poiniling and 
 iniprisonnient, such iiii[)ri.sonment to he for su.:h perio 1 as the discretion of tlie 
 sheriiT or justices may direct, not exceeding three calendar mouths, and to cease 
 on payment of the penalty and expenses. 
 
 Applkalion of Penalties. 
 
 XLII. Any sum or sums of money arising from conviction and recovery of 
 penalties as aforesaid shall be paid lo the treasurer of the general council. 
 
 Application of Monies received by Treasurer. 
 
 XLIII. All monies received by any treasurer arising from fees to be paid on 
 registration, fiom the sale of registers, from penalties, or otherwise, shall be applied 
 for expenses of registralion and of the execution of this Act. 
 
 Accounts to he published. 
 
 XLIV. The treasurers of the general and br.mrh councils shall enter in books 
 to be kept for that purpose a true account of all sums of money by them receiverl 
 and paid, and such accounts shall be submitted Ijy them to the respective general 
 council and branch councils at such times as the councils shall require ; and tiie 
 said accounts shall be published ann lally, and such accounts shall be laid before 
 both Houses in the mouth of March in every year, if P.irlianient be sitting, 
 or, if Parliament be not sitting, then within one U)Outh after the next meeting of 
 Parliament. 
 
 Notice of Death of Medical Practitioners to be given by Registrars. 
 
 XLV. Ever}' registrar of deaths in the United Kingdom on receiving notice of 
 the death of any medical practitioner shall forthwith transmit by i)ost to the 
 registrar of the general council and to the registrar of the liranch council a certificate 
 under his own hand of such death, with the i)articulars of time and place of death, 
 and ma}' charge the cost of such certificate and transmission as an expense of his 
 office, and on the receipt of such ceriific ite the medical registrar shall erase the 
 name of such deceased medical practitioner from the register. 
 
 Provision for Persons practising in the Colonics and elsewhere, and for Stud<;nis. 
 
 XLVI. It shall be lawful for the general council by special orders to dis- 
 pense with such provisions of tliis Act or with such part of any regulations made 
 by its aut ority as to them shall s(;om fit in favour of persons not practising 
 medicine or suriiery in any part of Her Majesty'.s dominions other than (ircat 
 Britain and I reland by virtue of any of the qualifications descrilicd in Schedule 
 (A.) ; and also in favour of pei'sons practising medicine or surgery within the 
 United Kingdom on foreign or colonial diplomas or degrees before the passing 
 of this Act ; and also in favour of any persons who iiave held appointments as 
 surgeons or assistant surgeons in the army, navy, or militia, or in the service 
 of the East India Company, or are acting as surgeons in the public service, r)r 
 in the service of any charital)le institutions, and also, so far as to the council 
 shall seem expelienr, in fa\our of medical students who shall have conmienced 
 their professional studies before the passing of this Act. 
 
 New Charter may be granted to the College of Physicians of London, 
 
 XLVII. It shall be lawful for Her M.ijesty to grant to the corporation of 
 the Koyal College of Physicians of London a new charter, and thereby U> give 
 to such corporation the name of "The Royal College of Physicians of England," 
 and to make such alterations in the constitution of the same corporation as to 
 Her Majesty may seem expedient ; and it shall be lawful for the said corporation 
 to accept such ciiarter under their common seal, and such acceptance shall ope- 
 rate as a surrender of all charters heretofore granted to the said corporation, 
 except the charter granted by King Henry the Eighth, and shall also operate as
 
 406 APPENDIX. 
 
 a surrender of such charter, and of any rights, powers, or privileges conferred 
 hy or enjoyed under an Act of the Session hoiden in the fourteenth and fifteenth 
 years of King Henry the Eighth, chapter five, confirming the same, as far as such 
 charter and Act respectively may he inconsistent with such new charter : Provided 
 neverthe ess, that within twelve months after the granting of such charter to the 
 College of Physicians of London, any fellow, member, or licenti;ite of the Royal 
 College of Physicians of Edinburgh, or of the Queen's College of Physicians of 
 Ireland, who may be in practice as a physician in any part of the United Kingdom 
 called England, and who may be desirous of becoming a member of such College of 
 Pliysicians of England, shall be at liberty to do so, and be entitled to receive the 
 diploma of the said college, and to be admitted to all the rights and privileges there 
 unto appertaining, on the payment of a registration fee of two pounds to the said 
 college. 
 
 Her Majedij may grant Pov;er to College of Surgeons to institute Examinations, d:c., 
 
 for Dentists. 
 
 XLVIII. It shall, notwithstanding anything herein contained, be lawful for 
 Her Majesty, by charter, to grant to the Royal College of Surgeons of England 
 jiower to institute and hold examinations for the purpose of testing the fitness of 
 persons to practise as dentists who may be desirous of being so examined, and to 
 grant certificates of such fitness. 
 
 New Charter may be granted to College of Physicians of Edinburgh. 
 
 XLIX. It shall be lawful for Her Majesty to grant to the corporation of the 
 Tioval College of Physicians of Edinburgh a new charter, and thereby to give to the 
 said College of Piiysicims the name (jf "The Royal College of Phys'cians of Scot- 
 land," and it shall be lawful for the saiil Royal College of Physicians, under their 
 C'lnmon seal, to accept such new charter and such acceptance shall operate as a 
 surrender of all charters heretofore granted to the said corporation. 
 
 The Faculty at Glasgoiv may be amalgamated. 
 
 L. If at any future period the Royal College of Surgeons of Edinburgh and 
 Faculty of Physicians and Surgeons of Glasgow ai;ree to amalgamate, so as to form 
 one united corporation, under the name of " The Royal College of Surgeons of Scot- 
 lavd," it shall be lawful for Her Majesty to grant, ami for such college and faculty 
 under their respective common seals to accept, such new charier or charters as 
 may be necessary for effecting such union, and such acceptance shall operate as a 
 surrender of all charters heretofore granted to such college and faculty ; and in the 
 event of such union it shall be competent for the said college and faculty to make 
 such arrangements as to the time and place of their examinations as they may agree 
 upon, these aiTangements being in conformity with the provisions of this Act, and 
 subject to the approval of the general council. 
 
 New Charter may be granted to the King and Queen's College of Physicians 
 in Ireland. 
 
 LI. It shall be lawful for Her Majesty to grant to the corporation of the King 
 and Queen's College of Physicians in Ireland a new charter, and thereby to give 
 to such corporation the name of "The Royal College of Physicians of Ireland," 
 and to make such aherations in the constitution of the said corporation as to Her 
 Majesty may seem expedient ; and it shall be lawful for the said corporation to 
 accept such charter under their common seal, and such acceptance shall operate as 
 a surrender of the charter granted by King William and Queen Mary, so far as it 
 may be inconsistent with such new charter. 
 
 Charters not to contain new Restrictions in the Practice of Medicine or Surgery. 
 
 LII. Provided always, that nothing herein contained shall extend to authorize 
 Her Majesty to create any new restriction in the practice of medicine or surgery, 
 or to gram to any of the said corporations any powers or privileges contrary to
 
 APPENDIX- 407 
 
 the common law of the land or to the provisions of this Act, and tliat no such new 
 charter sliall in anywise prejudice, aff.ict, or annul any of the existiii;^ st itutes or 
 byelaws of the corporations to which the same shall he granted, furtlier than shall 
 be necessary for givinj^ full effect to the alterations which shall be intenHed to be 
 effected by such new charters and by this Act in the constitution of such cor- 
 poration. 
 
 Provisions of 17 tfc 18 Vict. c. 114. as to University of London to 
 continue in force. 
 
 LIII. The enactments and provisiins of the University of London Medical 
 Graduates Act, 1854, shall be deemed and construed to have applied and shall 
 apply to the University of L-mdon for the time bein:,', not^vithstandin^' the .surrender 
 or determination of the therein-recited charter, and the granting or acceptance of 
 the now existing charter of the University of London, or the future determination 
 of the present or any future charter of the said university, and the granting of any 
 new charter to the said university ; and that every bachelor of medicine and doctor 
 of medicine of the University of London for the time being shall be deemed to have 
 been itnd to be entitled and shall be entitled to the privileges conferred by the said 
 Act, in the same manner and to the same extent as if the charter recited in the 
 said Act remained in force, subject nevertheless to the provisions of this Act. 
 
 British Pharmacopoeia to he 'published. 
 
 LIV. The general council shall cause to be published under their direction a 
 book containing a list of medicines and compounds, and the manner of preparing 
 them, together with the true weights and measures by whieh they are to be pre- 
 pared and mi.xed, and containing such other matter and tilings relating thereto as 
 the general council shall think fit, to be called '• British Pharmacopoeia ;" and the 
 general council shall cause to be altered, amended, and republished such pharmaco- 
 poeia as often as they shall deem it necessary. 
 
 Chemists, dkc. not to he affected. 
 
 LV. Nothing in this Act contained shall extend or be construed to extend to 
 prejudice or in any way to affect the lawful occupation, trade, or business of 
 chemists and druggists and dentists, or the rights, privileges, or employment of 
 duly licensed apothecaries in Ireland, so far as the same extend to selling, com- 
 pounding, or dispensing medicines. 
 
 SCHEDULE (A.) 
 
 1. Fellow, licentiate, or extra licentiate of the Royal College of Physicians of 
 London. 
 
 •2. Fellow or licentiate of the Koyal College of Physicians of Edinburgh. 
 
 3. Fellow or licentiate of the King's and Queen's College of Physicians of 
 Ireland. 
 
 4. Fellow or member or licentiate in midwifery of the Royal College of Sur- 
 geons of England. 
 
 5. Fellow or licentiate of the Royal College of Surgeons of Edinburgh. 
 
 6. Fellow or licentiate of the Faculty of Pliysiciuis and Surgeons of Glasgow. 
 
 7. Fellow or licentiate of the Royal College of Surgeons in Ireland. 
 
 8. Licentiate of the Society of Apothecaries, London. 
 
 9. Licentiate of the Apothecaries' Hall, Dublin. 
 
 10. Doctor, or bachelor, or licentiate of medicine, or master in surgery of 
 any university of the United Kingdom ; or doctor of medicine by doctorate 
 granted prior to passing of this Act by the Archbishop of Canterl>ury. 
 
 11. Doctor of medicine of any foreign or colonial university or college, 
 practising as a physician in the United Kingdom before the first day of October, 
 1858, who shall produce certificates to the satisfaction of the council of his having 
 taken his degree of doctor of medicine after regular examination, or who shall satisfy 
 the council under section foi ty-five of this Act, that there is sufficient reason for 
 admitting him to be registered.
 
 408 
 
 APPENDIX, 
 
 SCHEDULE (B.) 
 
 Declaration requii-ed of a person who claims to be registered as a medical practi- 
 tioner upon the ground that he was in practice as a medical practitioner in Eng- 
 land or Wales before the first day of August, 1815 : 
 
 To the registrar of the medical council. 
 
 I, residing at in the county 
 
 of hereby declare that I was practising as a medical practitioner 
 at in the county of 
 before the first day of August, 1815. 
 
 (Signed) [_Name. ] 
 
 Dated this day of 185. 
 
 SCHEDULE (D.) 
 
 Name. 
 
 Besideuce. 
 
 Qualification. 
 
 Title. 
 
 A.B. 
 
 London - - 
 
 Fellow of the Royal College of 
 Physicians of 
 
 
 CD. 
 
 Edmburgh - 
 
 Fellow and Member of the Royal 
 College of Surgeons of 
 
 
 E.F. 
 
 Dublin - - 
 
 Graduate in Medicine of Uni- 
 versity of 
 
 
 G.H. 
 
 Bristol - - 
 
 Licentiate of the Society of 
 Apothecaries. 
 
 
 I.K. 
 
 London - - 
 
 Member of College of Surgeons 
 and Licentiate of the Society of 
 Apothecaries. 
 
 
 ANNO VICESIMO SECUNDO VICTORIiE REGINiE. 
 
 CAP. XXI. 
 
 An Act to amend the Medical Act (1858). 
 
 [19th April 1859.] 
 21 d; 22 Vict. c. 90. 
 
 WHEREAS by an Act passed in the last Session of Parliament, chapter ninety, 
 " The Medical Act," provision is made for the registration of members of the 
 medical profession, and certain disabilities are imposed, after the first day of 
 January one thousand eight hundred and fifty-nine, on members of that profession 
 who are not then registered : And wliereas, by reason of the time required for the 
 collection and exaiiiiuation of the proper evidence on the first formation of "the 
 medical register," it is expedient to amend the said Act as herein-after mentioned : 
 And whereas it is expedient that Schedule D. of the aforesaid Act should be 
 amended : And whereas in sections thirty-one and forty-seven of the Medical Act 
 (1858) the terms "fellow" and " member' of the Royal Colleges of Physicians of 
 London and Edlnhu,r(jk are made use of, whilst in Schedule A. in the same Act 
 "fellows," "licentiates," and "extra licentiates" of the said colleges are alone 
 entitled to be registered : Be it enacted by the Queen's most excellent Majesty, by and
 
 APPENDIX. 409 
 
 with the aiJvice and consent of the Lords Spiritual and Temporal, and Commons, 
 in this present Parliament assembled, and by the authority of the same, as 
 follows : 
 
 1st July 1859 to be sub.itituted in sn. 32, 34, 36, and 37, of recited 
 Act for lutjan. 1859. 
 
 I. The first day of Juli/ one thousand eight hundred and fifty-nine shall be 
 substituted, in sections thirty-two, thirty-four, thirty six, and thirty-seven re- 
 spectively of the said Act, for the first day o{ January one thousand eii^ht hundred 
 and fifty nine ; and the said several sections, and all provisions of the said Act 
 having reference thereto, shall be construed and take effect as if the wonl Jtdy had 
 been originally inserted in each of the said sections instead of the word January. 
 
 Section 33 of recited A ct repealed. 
 
 II. Section thirty-three of the said Act shall be repealed, and no person shall 
 bj' reason of the said Act be or be deemed to have been disqualified to hold such 
 office as mentioned in the said section thirty-three, or any appointment mentioned in 
 the said section thirty-six, unless he shall have failed to be registered on or before 
 the first day of July one thousand eight hundred and fifty-nine. 
 
 Fourth Column of Schedule D. repealed. 
 
 III. The fourtli column of Schedule D. of the said Act with its heading shall be 
 repealed and omitted. 
 
 The Term '^Member" to be added in First and Second Heads of Schedule A. 
 
 IV. The term "member" shall be added after the term " fellow" to the qualifi- 
 cations described in the first and second heads of Schedule A. 
 
 The Words ^^ Forty-six''' to be substituted for Forty-five in Schedule A, 
 
 V. And whereas in Schedule A. of the said Act there is a reference to section 
 '' forty-five," but the word " five" is there inserted by mistake : now it is hereby 
 enacted, that the words " forty-six" shall be deemed to be substituted in this sche- 
 dule in the place of the words " forty-five." 
 
 Any Person not a British Subject having obtained his Degree or Diploma may 
 act as Resident Physician, tkc. of any Hospital exclusively for Foreigners. 
 
 VI. Nothing in the said Act contained shall prevent any person not a British 
 subject who shall have obtained from any foreign university a degree or diploma of 
 doctor in medicine, and who shall have passed the regular examinations entitling 
 him to practise medicine in his own country, from being and acting as the resident 
 physician or medical officer of any hospital established exclusively for the relief of 
 loreigners in sickness : Provided always, that such person is engaged in no medical 
 practice except as such resident physician or medical officer. 
 
 ANNO VICESIMO TERTIO VlCTORIiE REGIN^. 
 CAP. VII. 
 
 An Act to amend the ^Medical Acts. 
 
 [23d March 18G0.] 
 21 <L- 22 Vict. c. 90. 22 Vict. c. 21. 
 
 ''HEIiEAS by an Act passed in the twenty-first and twenty-second years of 
 . . the reign of Her Majesty, chapter ninety, intituled '• The Medical Act," 
 provision is made for the registration of members of the medical profession, and 
 the said Act was amended by an Act passed in the twenty -second year of the reign 
 
 w
 
 410 APPENDIX. 
 
 of Her Majesty, chapter twenty-one ; and certain disabilities are imposed by the 
 said Acts, after a period mentioned therein, on members of that profession who are 
 not then registered : And whereas it is expedient that the said recited Acts should 
 be amended as herein-after mentioned : Be it tlierefore enacted, by the Queen's 
 most excellent Mnjesty, by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 Licentiates in Surgery of any University in Ireland entitled to le registered under 
 first-recited Act in like Manner as Masters in Surgery. 
 
 ' T. From and after the passing of this Act the diploma or licence in surgery, 
 granted by any university of that part of the United Kingdom called Ireland, 
 lesjally authorized to grant the same, shall be considered a sufficient qualification to 
 priictise under the said first-recited Act, and every person to whom such diploma 
 or licence has been granted shall be entitled to be registered uii<ler the provisions 
 of the said first-recited Act, in the like manner, and with the like effect, and sub- 
 ject to the like provisions as are prescribed by the said first- recited Act in respect 
 i.f the registration of any master in surgery of any university of the United 
 Kingdom. 
 
 Certain Powers given to Medical Council extended to this A ct. 
 
 II. The powers given to the medical council in the said first-recited Act with 
 respect to the studies and examinations required for obtaining a qualification 
 under the said Act shall be extended to the studies and examinations required for 
 a qualification under this Act. 
 
 \st Janvary 1861 to he substituted in Sections 32. 34. 36. and 37. of first-recited 
 Act, for lit July IS59, so far as relates to Persons authorized to he registered 
 under this Act. 
 
 III. The first day of January one thousand eight hundred and sixty-one shall 
 be deemed to be substituted in sections thirty-two, thirty-four, thirty-six, and 
 thirty-seven respectively of the said first-recited Act, as the same are amended by 
 the said second-recited Act, for the first day of July one thousand eight hundred 
 and fifty-nine, so far as the same relate to any person authorized to be registered 
 under this Act ; and the said several sections, as so amended, and all the provisions 
 of the said Act having reference thereto, shall, with respect to any such Person so 
 authorized to be registered under this Act, be construed and take efiect as if the 
 words " the first day of January one thousand eight hundred and sixty-one " had 
 been originally inserted in each of the said sections instead of the words " the first 
 day oi July one thousand eight hundred and fifty -nine." 
 
 No Person authorized to be registered under this Act disqualified to hold certain 
 Ofiices, unless he has failed to be registered. 
 
 IV. No person authorized to be registered under this Act who shall be acting as 
 medical officer under an order of the Poor Law Conmrissioners, or Poor Law Board, 
 shall by reason of the said recited Acts, or either of them, be or be deemed to have 
 been disqualified to hold such ofiice, or any appointment mentioned in section 
 thirty-six of the said first-recited Act, unless he shall have failed to be registered on 
 or before the fiist day of January one thousand eight hundred and sixty-one. 
 
 Recited A cts and this A ct to be as one. 
 
 V. The said recited Acts and this Act shall be construed together as one Act. 
 
 Short Title. 
 
 VI. This Act m.ay for all purposes be cited as " The Medical Acts Amendment 
 Act, ISGO."
 
 APPENDIX. 411 
 
 ANNO VICESIMO TERTIO & VICESIMO QUARTO 
 VICTORIA REGlNiE. 
 
 CAP. LXVI. 
 
 An Act to amend the Medical Act (185S). 
 
 [Ctli August 1800.] 
 
 21 <t- 22 Vict. c. 90. 14 <fc 15 Ben. 8. c. i>. 
 
 WHEREAS by "The Medical Act, 1858," it is provided that it shall be lawful 
 for Her Majesty to yraiit to the corporation of the Royal College of Phy- 
 fliciatis of London, a new charter, and thereby to uive to such corporation the name 
 of "The Royal College of Physicians of Enijbind," and to -rant to the coriioratioii 
 of the Uoyai Colleue of Physicians of Ediahurr/h a new charter, and thereby to give 
 to the said Coilege^of Physicians the name of "The Royal College of Physicians of 
 Scotland," and to grant to the corporation of the King and Queen's College of 
 Physicians in Ireland a new charter, and thereby to give to sucli corporation the 
 name of "The Royal College of Physicians of Ireland;''' but provision is not made 
 by the said Act for reserving to the said colleges, and the presidents and censors, 
 fellows, members, licentiates, an>i extra licentiates thereof respectively, by their 
 said new names, tlie powers, privileges, liberties, and immunities to which they are 
 respectively entitled by th.'ir existing names, and doubts have arisen whether, in 
 case of the acceptance by these colleges respectively of new charters under such 
 altered names respectively, the said powers, privileges, liberties, and immunities 
 would legally attach and be preserved to them, and it is expedient that such doubts 
 should be removed : And whereas by an Act passed in the fourteenth and fifteenth 
 years of the reign of King Jlenrii VIII., intituled " The Privileyes and Authoritiesof 
 Pliysicians inZ,OMfion,"certain letters patent, dated the twenty-third day of 5e;j?e/»6e'/% 
 in the tenth year of the reign of His said Majesty, whereby certain physicians in 
 London therein named were incorporated by the name of "The J'resident and 
 College or Commonalty of the Faculty of Physic in London," were ratified and 
 confii-rned ; and by the said Act it was enacted, that the six persons named in 
 the said letters patent, and two more of the said commonalty to be chosen by 
 them, should be called elects, and that the said elects shoull yearly choose one of 
 them to be president of tne s.iid commonalty, and that as oft as any of the 
 places of the said elects should become void the survivors should choose and 
 admit one or more, as need should require, of the said faculty to supply the 
 number of eight persons, and that no person should from thenceforth be .•^uffered 
 to practise ii^ physic through En(jlaHd until he be examined by the s.iid president 
 and three of the said elects, and have from them letters testimonial, except he be a 
 graduate of Oxford or Camhrid'je : And whereas the main function of the said 
 elects, viz., that of examining and granting letters testimonial, has been virtuady 
 super.seded by the said -Medical Act, and tney have ceased to grant letters testi- 
 monial in accordance with the i)rovisions contained in the last-recited Act ; and it 
 is therefore expedient that the before-recited provisions siiould be repealed : Be it 
 enacted by the Queen's mo.st excellent Majesty, by and with the advice and consent 
 of the Lords Spiritual and Temporal, and Commons, in this present Parliament 
 assembled, .and by the authority of the same, as follows : 
 
 Interpretation of Terms. 
 
 I, The expression in the Medical Act and this Act " The Corporation of the 
 Royal College of Physicians of London," or "The Royal College of Physicians of 
 London," shall be taken to denote the corporation of "The President and Colle-e 
 or Commonalty of the Faculty of Physic in ZoHf/on." 
 
 New Charters may be granted to the Colleges. 
 
 II. Any new charter which, under the provisions of the Medical Act, sliall be 
 granted to the corporation of the Royal Codege of Physicians of London, may be
 
 412 APPENDIX. 
 
 granted to tliem either by anrl in the name of the Eoyal College of Physicians of 
 London, or, as provided by th it Act, by and in the name of the Royal College of 
 Physicians of England ; and any such new charter granted to the corporation of 
 the Eoyal College of Physicians oi Edinburgh may be granted to that college either 
 by and in its present name, or, as provided by the Medical Act, by and in the name 
 of the Royal College of Physicians of Scotland ; and any such new charter granted 
 to the corporation of the King and Queen's College of Physicians in Ireland may be 
 granted to that college either by and in its present name, or, as provided by the 
 Medical Act, by and in the name of the Royal College of Physicians of Ireland. 
 
 Colleges to retain all existing Rights, notwithstanding Change of Name. 
 
 III. The granting of new charters to the said corporations respectively by and 
 in the altered names and styles respectively, as provided in the Medical Act, shall 
 not, in respect of such alteration of name or style merely, alter or affect in any 
 way the rights, powers, authorities, qualifications, liberties, exemptions, immuni- 
 ties, duties, and obligations granted, conferred, orimjiosed to or upon, or continued 
 and preserved to the said corporations respectively, and the respective presidents, 
 censors, fellows, members, and licentiates thereof, by the respective charters and 
 Acts of Parliament relating to the said corporations respectively, or by the Medical 
 Act, the Act to amend the Medical Act, the Medical Acts Amendment Act, I860, 
 and this Act respectively ; but the said corporations respectively, and the respec- 
 tive presidents, censors, fellows, members, and licentiates thereof, shall, notwith- 
 standing any such change of name and style, have and retain all such and the 
 same rights, powers, authorities, qualifications, liberties, exemptions, and immuni- 
 ties, and be subject to all such and the same duties and obligations, as if such new 
 charters respectively had been granted to them by and in their respective names 
 and styles as then existed. 
 
 Colleges to hold Property notwithstanding Change of Name. 
 
 IV. Each of the said corporations shall also, notwithstanding any such altera- 
 tion of name or style, have, hold, and enjoy, and continue to have, hold, and enjoy, 
 all Unds and other real and personal, heritable and moveable property belonging to 
 such corporation, either beneficially or in trust, at the date of the granting of such 
 new charter, and may execute and perform any use or trust for the time being 
 vested or reposed in such corporation. 
 
 Provisions in 14 & 15 Hen. 8. c. 5. as to the Elects repealed'. 
 
 V. So much of the Act of the fourteen and fifteen Henry VIII. , chapter 
 five, as relates to the elects of the said Royal College of Physicians of London, and 
 their powers and functions, shall be and the same is hereby repealed, but this 
 repeal shall not prejudice or affect the rights and privileges of any persons to 
 whom the said president and elects may have granted letters testimonial; and all 
 trusts which by any deed, gift, devise, or bequest are vested in, or to be executed 
 or performed by the elects, or some defined number of them, shall vest in and accrue 
 to, and be executed and performed by the censors of the said college for the time 
 being as if the name of the censors had in such instruments respectively been 
 used instead of that of the elects, and the office and name of elects of the said 
 college shall henceforth wholly cease and determine. 
 
 Election of the President of the Royal College of Physicians of London. 
 
 VI. The office of president of " The Royal College of Physicians of London," 
 shall be an annual office ; and Thomas Mayo, doctor of physic, the now president 
 of the said corporation, shall remain such president until the day next after 
 Palm Sunday in the year one thousand eight hundred and sixty-one, when 
 he shall go out of office ; arid the fellows of the said corporation shall, at a 
 meeting to be holden by them for that purpose, on the same day, and on the 
 same day in every subsequent year, elect some one of the fellows of the said 
 corporation in such manner as shall be jirovided by any byelaw or byelaws made
 
 APPENDIX. 413 
 
 in that behalf by the said corporation, and for the time being in force, to be presi- 
 dent of the said corporation, but the retirinj^ president shall always be capaljle of 
 being re-elected, and every presidt-nt sliall remain in office until the actual election 
 of a new president ; or in case of the death, resignation, or other avoidance of 
 any such president before the expiration of his year of office, tlie said fellow.s 
 shall, at a meeting to be hohlen by them for that purpose, as soon as conveniently 
 may be (of which due notice shall be jjiven), elect one other of the fellows of the 
 said corporation in such manner as aforesaid to be president for the remainder of 
 the year in which such death, resignation, or other avoidance shall happen, and 
 until such election the duties of president shall be performed by the senior censor 
 for the time beina:. 
 
 ANNO TRICESIMO PRIMO VICTORIiE REGIN.E. 
 
 CAP. XXIX. 
 
 An Act to amend the Law relating to Medical Practitioners in the 
 Colonies. [2<Jth Mcnj 18G.^.] 
 
 WHEREAS by the thirty-first section of the Medical Act, passed in the 
 Session holden in the twrnty-first and twenty-second years of Her Majesty, 
 chapter ninety, it is enacted as follows : " Every person registered under this Act 
 shall be entitled, according to his qualification or qualifications, to practise medicine 
 or surgery, or medicine and surgery, as tlie case may be, in any jiart of Her 
 Majesty's dom'nions, and to demand and recover in any court of law, with full 
 costs of suit, reasonable charges for professional aid, advice, and visits, and the 
 cost of any medicines or other medical or surgical appliances rendered or supplied 
 by him to his patients :" And whereas it is expedient to amend the said enactment : 
 Be it enacted by the Queen's most excellent Majesty, by atid with the advice and 
 consent of the Lords Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same, as follows : 
 
 Shwt Title. 
 
 1. This Act may be cited as "The Medical Act Amendment Act, 1S68." 
 
 Interpretation of Act. 
 
 2. The term " colony " shall in this Act include all of Her Majesty's possessions 
 abroad in which theie shall exist a legislature as herein-after defined, except the 
 Channel Islands and the Ish of Man. 
 
 The term " colonial legislature " shall signify the authority other than the 
 Impel ial Parliament or Her Majesty in Council competent to make laws for any 
 colony. 
 
 Power to Colonial Legislatures to enforce Registration of Persons registered 
 under the Medical Act. 
 
 3. Every colonial legislature shall have full power from time to time to make 
 laws for the purpose of enforcing the registration within its jurisdiction of persons 
 who have been registereil under the Medical Act, anything in the said Act to 
 the contrary notwithstanding : Proviiled, however, that any person who has been 
 duly registered under the Medical Act shall i)e entitled to be registered in any 
 Colony, upon payment of the fees (if any) required for such registration, and upon 
 proof, in such manner as the said colonial legislature shall direct, of his registra- 
 tion under the said Act.
 
 INDEX. 
 
 Accoucheur, 50, 71, 72 
 
 ^^culapiuR, 1, 8 
 
 Affidavit, 101, 102 
 
 Alcbymists, 6, 10 (see Ancient Orders 
 of the Medical Profession). 
 
 Anatomy, 3, 6 
 
 „ professor of, Cambridge, 5 
 ,, schools of, 63 
 
 Ancient Orders of the Medical Profes- 
 sion, 1 
 
 Antimony, 125 
 
 Apothecaries, 5, 9, 15, 24, 25, 28, 31, 
 32, 34, 36, 37, 38, 42, HJ 
 
 Apothecaries, Society of, 16, 24, 31, 37 
 
 Apprentice, 74 
 
 Arsenic, poisoning by, 123 
 
 Assistant, 70, 73, 74 
 
 Astrologers, 6, 10 (see Ancient Orders 
 of the Medical Profession). 
 
 Attorney, 72 
 
 Bachelor of Medicine, 6, 25, 26, 33, 155 
 Bacon, Roger, 10 
 Barbers, 8, 9, 10, 146 
 ,, Company, 8 
 Barber-surgeons, 9 
 Barrister, 45 
 
 Birtlis, marriages, and deaths, registra- 
 tion of, 126 
 Bishops, 5 
 Boerhaave, 12 
 
 Cemeteries, 124 
 
 Certificates, medical, with forms, 93, 
 
 t4, 95, 96, 97, 100, 110—112, 133, 
 
 134, 136—142 
 Character, 43, 44, 46, 50, 52 
 Chemists and druggists, 14, 15, 42, 143 
 Contagious diseases, 34, 82, 84 (see 
 
 PuVi^lic Health). 
 Copyright, law of, 53 
 Coroners' inquests, 114, 127 
 
 Defamation, 43 
 Dentists, 15, 146 
 Diagnosis", 3 
 Dietetics, 3 
 
 Disabilities of unregistered practitioners, 
 
 35, 36 
 Dislocations, 12, 34 
 Dissections, 65, 66 
 
 Doctors of medicine, 17, 25, 26, 27, 33, 
 
 36, 153, 155 
 
 Doctors of medicine, by Doctorate, 26, 
 
 33, 36 
 Doctors of medicine, foreign and colonial, 
 
 27, 33, 36 
 Doctors of philosopb}', 151 
 ,, of physic, 4, 18, 153 
 ,, quHck (see Quack). 
 Druids, 12, 14 
 
 Empirics, 6, 149 
 Ethics, medical, 147 
 Examination (Conjoint Medical Board), 
 152 
 
 Factory and Workshop Regulation 
 Acts, 86—88 
 
 Fees, 28, 31, 32, 33, 45, 79, 87, 91, 116 
 
 Fellows of College of Physicians, Lon- 
 don, 5, 16, 17, 18, 29, 32, 155 
 
 Fellows of College of Physicians, Edin- 
 burgh, 23, 32 
 
 Fellows of King's and Queen's College 
 of Physicians, Ireland, 23, 32 
 
 Fellows of College of Surgeons, England, 
 5, 23, 32 
 
 Fellows of College of Surgeons, Edin- 
 burgh, 23, 32 
 
 Fellows of Faculty of Physicians and 
 Surgeons, Glasgow, 24, 32 
 
 Fellows of College of Surgeons, Ireland, 
 24, 32 
 
 Fellow of Trinity College, Cambridge, 
 5 
 
 Fractures, 34 
 
 Galen, 2 
 
 ,, works of (Kiihn's edition), 3 
 Gregory the Great, Pope, 3 
 
 Herbalists, 6 
 Hippocraits, 1
 
 INDEX. 
 
 41.' 
 
 Homceopathigts, 47 
 Hygiene, 3 
 
 Idiots, law relating to, 93 
 
 Ignonince, cr.iss, 37, 38, 41, 42 
 
 Immoral, ofFeiice, 44, 46 
 
 Imniuniiiea of duly registered practi- 
 tioners (see Rights, Privileges, &,c.), 29 
 
 Infectious diseases, 34, 44, 45 (and see 
 Public Healtli). 
 
 Interment, 64, 66 
 
 Jews, 11 
 
 Judges, answers of, to House of Lords, 
 98, 99, 100 
 
 King's evil, touching for the, 12 
 Knights Hospitallers, 8 
 
 Lateran, Council of, 4 
 
 Lepers, 8 
 
 Leprosy, 82, 83 
 
 Liabilities of legally qualified medical 
 practitioners, 36, 38 
 
 Libel (see Defamation). 
 
 Licentiates of College of Physicians, 
 London, 16, 19, 20, 32, 155 
 
 Licentiates, extra, 16, 17, 32 
 
 Licentiates of College of Physicians, 
 Edinburgh, 23, 32 
 
 Licentiates of King's and Queen's Col- 
 lege of Physicians, Ireland, 23, 32 
 
 Licentiates in midwifery of the College 
 of vSurgeons, England, 23, «2 
 
 Licentiates of tiie College of Surgeons, 
 Edinburgh, 23, 32 
 
 Licentiates of the Faculty of Physicians 
 and Surgeons, Glasgow, 24, 32 
 
 Licentiates of the College of Surgeons, 
 Ireland, 24, 32 
 
 Licentiates of the Society of Apothe- 
 caries, London, 24, 32 
 
 Licentiates of Apothecaries' Hall,Dubliu, 
 24, 32 
 
 Life assurance, the law of, 78 
 
 Malpractice, or mala-praxis, 22, 39 
 Mansiau-hter, 38, 40, 41, 42 
 Masters in surgerj', 25, 33 
 Medical adviser, 80 
 ,, man, 80 
 „ practitioner, 29, 35, 36, 38, 47, 
 
 54 
 ,, practitioner, legally qualified, 
 
 36, 85 
 „ referees, 78, 79 
 „ "usual attendant," 80, 81 
 „ Witnesses Act, 36 
 Members of the Collei,'e of Physicians, 
 London, 16, 17, 20, 21, 29, 32^, 34, 155 
 
 Members of the College of Physicians, 
 
 Edinburgh, 23, 32 
 Me libers of the College of Surgeons of 
 
 England, 23, 32 
 Midwife, 4, 6 
 
 „ man, 42 
 Midwifery, 23, 26, 32, 143 
 Monastery, 4 
 Monastic, 4, 5 
 Monks, 4, 5, 8 
 Murder, 40 
 
 Negligexce, 37, 38 
 
 Okdebs, holy, 4, 6 
 
 ,, ancient, of the medical pro- 
 fession "\ 
 
 1 Scholars, 
 
 2 Surgeons, 
 
 3 Grocers or poticaries, 
 
 4 Jlinpirics, J- 6— 10 
 
 5 Aluhymists, 
 
 6 Sorcerers, 
 
 7 Witches, 
 
 8 Astrologers, 
 Orders, modern, of the medical profi«- 
 
 siou, 15—28 
 
 Partnership, law of, 68 
 
 Pathology, 3 
 
 Pestilence, 34 
 
 Pharmaceutical chemists, 143, 144 
 
 ,, Society, 143, 144 
 
 Pharmacopoeia, 2, f!2, 145, 14t) 
 Pharmacy, 3, 15, 16, 17, 23, 24, 26 29 
 
 32, 33" 
 Pharmacy Acts, 1 43 
 Physicians, 6, 7, 14-23, 29, 32, 38, 40, 
 
 45, 46, 47, 153, 154, 155 
 Physicians, monkish, 7 
 
 ,, cler.cal, 4, 5, 6 
 
 Physic, 4, 6, 11, 15, 17, 25, 26, 34 
 Physiology, 3, 6 
 Plague, 82. 83 
 Poor-law Legislation, 130 
 Post-mortem examinations, 36, 116 
 Piivileged communications, 47, 50 107 
 
 125 
 Prussic acid, poisoning by, 119 — 121 
 Public health, 82—92 
 Pupil, 70, 71 
 
 Quack, 39, 44, 45, 84 
 
 Religion, hostile to, 55 (see Defama- 
 tion). 
 Restraint, 112, 134, 137 
 Eheims, Council of, 4 
 Ki^hts, Privileges, &c., 29
 
 416 
 
 INDEX. 
 
 St. Lazarus, order of, 8 
 
 Saleruo, College of, 4, 6 
 
 Setiieiology, 3 
 
 Skill, want of, 3S, 40, 41, 42 
 
 Small-pox, 34, S3 (see Public Health). 
 
 Solicitor (see Attorney). 
 
 Sorcerers (see Ancient Orders of the 
 
 Medical Profession). 
 Sorcery, 6*5 
 Surgeons, 4, 5, 6, 7, 8, 9, 11, 15, 23, 24, 
 
 25, 26, 29, 30, 32, 34, 35, 37, 38, 39, 
 40, 41, 46, 55, 63 
 
 Surgery, 3, 8, 9, 11, 15, 16, 23, 24, 25, 
 
 26, 32, 33, 155 
 Syphilis, 34, 82 
 
 Tetands, 122, 123 
 Therapeutics, 3 
 Tours, Council of, 4 
 Tumours, 34 
 Typhus fever, 34 
 
 Ulcers, 34 
 Universities, 25 
 
 „ English, 6 
 
 „ foreign and colonial, 27, 33 
 
 Universities, French, 6 
 
 ,, of the United Kingdom, 33 
 
 University of Cambridge, 5, 6, 18. 26, 
 33, 153 
 ,, Durham, 33 
 
 ,, Edinburgh, 18 
 
 ,, London, 26, 33 
 
 ,, Oxford, 6, 18, 26,33, 
 
 153 154 
 Unqualified medical practitioners, 39, 
 
 71 
 Unregistered medical practitioners, 36 
 
 Vaccination, 132 (see Public Health, 
 
 Section III.) 
 Vectis or lever, improper use of, 42 
 
 Witches (see Ancient Orders of the 
 
 Medical Profession). 
 Witchcraft, 34 
 Women, medical practitioners, 11 
 
 ,, attempt to prohibit practising, 
 
 7, 12 
 Workhouse (see Poor-law Legislation). 
 Workshops, 86 
 
 THE END.
 
 ^9 104 ; 

 
 UNIVERSITY OF CAUFORNIA LIBRARY 
 
 Los Angeles 
 
 This book is DUE on the last date stamped below. 
 
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 PSD 1916 8/77