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DIVIDED PARISHES AND POOR LAW AMENDMENT ACT.

Trustees may

pay cost of pauper's re

lief out of an

nuity, pay.

39 & 40 Vict., ch. 61; Chitty, Supl. 1873-76, p. 608.

395. Where any pauper shall be entitled to any annuity or periodical payment, the trustee or other person bound to make payment of the same to the pauper may from time to time pay to the board of guardians of any union or parish, out of the instalments which have become due, the cost incurred in the relief of such pauper accrued since the last instalment, and such payment shall be a legal discharge to such trustee or other person for so much money as shall have been so paid.

able to such pauper.

Where the guardians incur any expenses in the relief of a pauper lunatic, being a member of a benefit or friendly society, and as such entitled to receive any payment, they may recover from him, as a debt, or from his executors, administrators or assigns in case of his death, the sum so expended by them as aforesaid, and the managing body of such society, after notice from the clerk to the guardians, served previously to the money being paid over, shall be required to pay the same to such guardians, and shall be exonerated on payment thereof from any further liability. Where any trustee, manager, or other person shall decline to make any payment, the guardians may apply to the justices in petty sessions assembled, and such justices may, if satisfied that it is right under all the circumstances to do so make an order upon him to pay the requisite amounts then due to the guardians at once, and to pay from time to time in future as the liability in respect of the relief arises thereafter.

Provided that this clause shall not have effect unless and until the guardians or their relieving officer shall have declared the relief to be given on loan, nor in respect of any relief granted contrary to the rules and orders made under the authority of the statutes in that behalf.

$ 36. Provision for lunatics sent from boroughs to licensed houses and regis

396. Where any pauper lunatic shall have been or shall hereafter be sent from any parts of a borough wholly or partly comprised within a union or parish to any licensed house or registered hospital, and the account of the charges for the maintenance of such lunatic therein shall be sent to the guardians

tered hos

pitals.

of the said union or parish, their clerk shall divide the said account into two parts, one of which shall contain the amount which would have been paid for such lunatic if he had been maintained in the asylum of the county wherein the said union or parish or the greater part of it is comprised, and the other shall contain the extra sum in such account, and the said guardians having paid the whole of such charges, may send the second account, together with an account of any extra expenses caused by the removal of such lunatic to the place of confinement, to the town council of the borough from which such lunatic was so sent and such town council shall thereupon pay the amount of such accounts to the said guardians, and if the same be not paid the amount may be recovered by the said guardians by process in any court of law as a debt. This section shall not apply to any borough which has provided or contributed to the providing of a pauper lunatic asylum.

ARMY DISCIPLINE AND REGULATION ACT, 1879.

42 & 43 Vict., ch. 33; Law Rep. Stat, vol. 14, p. 166.

397. Where it appears on the trial by court martial of a person charged with an offence that such person is by § 126. reason of insanity unfit to take his trial the court shall find specially that fact; and such person shall be kept in custody in the prescribed manner until the directions of her majesty thereon are known, or until any earlier time at which such person is fit to take his trial.

Where on the trial by court martial of a person charged with an offence it appears that such person committed the offence, but that he was insane at the time of the commission thereof, the court shall find specially the fact of his insanity, and such person shall be kept in custody in the prescribed manner until the directions of her majesty thereon are known.

In either of the above cases her majesty may give orders for the safe custody of such person during her pleasure, in such place and in such manner as her majesty thinks fit.

A finding under this section shall be subject to confirmation in like manner as any other finding.

If a person imprisoned by virtue of this Act becomes insane,

then, without prejudice to any other provision for dealing with such insane prisoner, a secretary of state in any case, and in the case of a prisoner confined in India the governor-general of India, or the governor of any presidency in which the person is confined, and in the case of a prisoner confined in a colony the governor of that colony, may, upon a certificate of such insanity by two qualified medical practitioners, order the removal of such prisoner to an asylum or other proper place for the reception of insane persons, in the United Kingdom, India, or the colony, according as the prisoner is confined in the United Kingdom, India, or the colony, there to remain for the unexpired term of his imprisonment, and, upon such person being certified in the like manner to be again of sound mind, may order his removal to any prison in which he might have been confined if he had not become insane, there to undergo the remainder of such punishment.

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TRIAL OF LUNATICS ACT, 1883.

46 & 47 Vict., ch. 38; Law Rep. Stat., vol. 19, p. 129.

398. This Act may be cited as the Trial of Lunatics Act, 1883. 399. (1) Where in any indictment or information any act or omission is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that he was insane, so as not to be responsible, according to law, for his actions at the time when the act was done or omission made, then, if it appears to the jury before whom such person is tried that he did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict to that effect that the accused was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did the act or made the omission.

(2) Where such special verdict is found, the court shall order the accused to be kept in custody as a criminal lunatic, in such place and in such manner as the court shall direct till her majesty's pleasure shall be known; and it shall be lawful for her majesty thereupon, and from time to time, to give such order for the safe custody of the said person during pleasure, in such place and in such manner as to her majesty may seem fit.

(3) In all such cases any two justices of the peace of the county, city, or place where such person shall have been tried, or shall be kept in custody, shall have the like power as is given by the Act of the third and fourth years of her present majesty, chapter fifty-four, in the cases therein mentioned, to inquire into and ascertain the last legal settlement of such person, and also to make the like order or orders for the payment of such person's maintenance and other charges as therein mentioned.

(4) All provisions in any existing Act or in any rules or orders made in pursuance of any existing Act, having reference to a person or persons acquitted on the ground of insanity, shall apply to a person or persons in respect of whom a special verdict is found under this Act.

ONTARIO.

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Certificate in case of death, 44.
Remedies for illegal confinement, 45.
Medical attendance, 46-49.
Inspection by visitors, 50-59.
Discharge of patients, 60–68.

Information to be given on inquiry, 69.
Orders for admission of friends, 70-72.
Miscellaneous provisions, 73-77.
Prosecutions and penalties, 78–85.
Appeals, decisions to be final, 86, 87.
Civil actions for penalties, 88-90.
Prosecutions by visitors, 91-95.
Provisions for inebriate asylums to ap-
ply to private asylums, 96, 97.
Visitation by inspector, 98.

PRIVATE LUNATIC ASYLUMS.

[NOTE.--Chapter 221 of the Revised Statutes of Ontario, respecting "Private Asylums," as amended by the act of 1883, chapter 28, has been selected for insertion on account of its completeness and the absence of similar provisions in the United States. The other provinces of the Dominion of Canada have similar enactments, all being modeled after the statutes of England of 8 & 9 Victoria, chapter 100, 16 & 17 Victoria, chapter 96, and 16 & 17 Victoria, chapter 97, supra.]

Rev. Stat., 1877, ch. 221,

1. In this act and the schedules thereto the words and expressions following shall have the several meanings hereby assigned to them, unless there is something tions of terms. in the subject or context repugnant to such construction, that is to say:

$1.

Interpreta

(1) "County," shall mean a county or union of counties, or a city or town having a separate commission of the peace; (2) "Lunatic," shall mean every insane person, and every person being an idiot or lunatic, or of unsound mind;

(3) "Patient," shall mean every person received or detained as a lunatic, or taken care or charge of as a lunatic;

(4) "Proprietor," shall mean every person to whom any license is granted under the provisions of this act, and every person keeping, owning, or having any interest or exercising any duties or powers of a proprietor in any licensed house;

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